Davis Municipal Code Art. 25.01 Graffiti

The purpose of this chapter is to provide a program and enforcement tools in addition to those already provided by state law for removal of graffiti from walls and structures on both public and private property and to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures, and places is creating a condition of blight within the city which results in deterioration of property and business values for adjacent and surrounding properties all to the detriment of the city. The city council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti. It is further the intent of the city council, through the adoption of this chapter to give notice to all who callously disregard the property rights of others, that the city will strictly enforce all laws prohibiting graffiti, including, but not limited to, Sections 594, 594.1 and 640.5 of the California Penal Code, Section 13202.6 of the California Vehicle Code, and the provisions of this chapter.

(Ord. 1706 § 1)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Administrative hearing officer

means the city manager or designated representative.

Aerosol paint container

means any aerosol container exceeding six liquid ounces regardless of the material from which it was made, which is adopted or made for the purpose of spraying paint, dye, or other substance capable of defacing property.

Felt tip markers

means any indelible marker or similar implement with a tip which, at its broadest width, is one-half inch or greater and contains an ink that is not water-soluble.

Graffiti

means and includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or other facility or surface, regardless of the nature of the material of that structural component; or as otherwise deemed by the city council to be a public nuisance.

Graffiti implement

means an aerosol paint container, a felt tip marker, or a paint stick, as those terms are defined by this section.

Paint stick

means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-half of an inch in width or greater, visible from a distance of twenty feet, and not water-soluble.

(Ord. 1706 § 1)

(a) Display for sale. No person, firm or entity engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded from entering without employee assistance. Two such acceptable methods for displaying a graffiti implement for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry.

(b) Storage. No person shall store any graffiti implement except in either: (1) a completely enclosed room which shall at all times, except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall at all times, except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner.

It shall be the intention of the city to enforce this provision against the wrongful storage of graffiti implements only when its violation has caused or contributed to an act of vandalism by a third party.

(c) Civil responsibility for damages from wrongful display or storage. Any person who displays or stores a graffiti implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, applied or caused by a minor who shall use such graffiti implement in violation of the provisions of California Penal Code Section 594, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.

(Ord. 1706 § 1)

(a) Purchase. It is unlawful for any person under the age of eighteen years to purchase any graffiti implement unless accompanied by a parent or guardian, except as subject to state law.

(b) Possession. No person under the age of eighteen years shall have in his or her possession with the intent to deface property any graffiti implement while upon any public property, including any public park, playground, swimming pool or recreational facility in the city, except as subject to state law. This section shall not apply to authorized employees of the city or an individual or authorized employee of any individual, agency or company under contract with the city.

(1) School Exception for Felt Tip Markers. The foregoing provision shall not apply while the person is attending, or traveling to or from a school at which a person is enrolled, if the person is participating in a class at the school which has, as a written requirement of the class, the need to use felt tip markers.

(c) Furnishing to minors. It is unlawful for any person other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing, and without otherwise complying with applicable state law.

(Ord. 1706 § 1)