Duarte Municipal Code Ch. 9.18 Damage to Property

Footnotes:

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Editor's note— Ord. No. 912, § 3, adopted October 25, 2022, repealed the former Chapter 9.18, §§ 9.18.010—9.18.080, and enacted a new Chapter 9.18 as set out herein. The former Chapter 9.18 pertained to similar subject matter and derived from Ord. 413 § 1 (part), 1977.

The city council finds that there is a threat to the public health, safety and welfare in that local property owners and public facilities are experiencing incidents of graffiti and other damage to property which are costly to remove and create a negative image of the city. Neither the city nor private property owners have sufficient resources to constantly remove the graffiti or repair other damage, and the measures contained in this chapter are necessary to reduce the negative impact of increased graffiti and other damage, and to deter such violations.

(Ord. No. 912, § 3, 10-25-2022)

For the purposes of this chapter the following definitions shall apply:

"Bona fide evidence of majority and identity" means any document evidencing the age and identity of an individual which has been issued by a federal, state or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued by a member of the armed forces.

"Etchers" means any tool, device and/or other mechanism including, but not limited to, glass etchers, metal etchers, cutting instruments, drill bits or any other instrument that is capable of permanently scratching or otherwise marking any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface.

"Graffiti" means any unauthorized inscription, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, marked, painted, stained, stuck on or adhered by any means whatsoever, to any surface whether publicly or privately owned, including but not limited to, trees, signs, mailboxes, poles, fixtures, utility boxes, trash containers, walls, windows, roofs, paths, fences, walks, streets or pavement, under/overpasses, tunnels, bridges, trestles, drainage facilities, buildings and/or the interior or exterior of any other structure or surface. The term "graffiti" shall include the commonly used term "tagging" and those two terms shall be interchangeable as used in this Chapter.

"Minor" means any person under the age of eighteen years old.

"Paint stick" means any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark, which at its broadest width is greater than one-eighth inch or which leaves a mark of at least one-eighth inch.

(Ord. No. 912, § 3, 10-25-2022)

It is unlawful and a public nuisance to willfully mar, injure, damage, destroy or deface, or aids in the marring, injuring, damaging, destroying or defacing of any building or structure whether publicly or privately owned within the city.

(Ord. No. 912, § 3, 10-25-2022)

No person shall place or caused to be placed graffiti on any public or privately-owned property, building or structure, including natural and manmade objects, within the city.

(Ord. No. 912, § 3, 10-25-2022)

Liability of a minor or of any other person for placement of graffiti may be determined by any confession or admission, or any guilty plea, nolo contendere plea, or conviction regarding any violation of the Penal Code relating to graffiti or any other federal, state or local graffiti law relating to graffiti.

(Ord. No. 912, § 3, 10-25-2022)

Graffiti may be removed by any of the following methods:

(a) Any person who applies graffiti within the city shall have the duty to remove the same within forty-eight hours after notice by the city or the owner of the property involved. The failure of any person to so remove said graffiti shall constitute a violation of this chapter. Where graffiti is applied by anyone under the age of eighteen years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment for removal.

(b) The director of public safety or designee is authorized to remove graffiti or other inscribed material from any and all structures and property owned or maintained by the city.

(c) Whenever the director of public safety or designee determines that graffiti is located on property within the city and is within view of the public or adjoining properties, he or she is authorized to provide for the removal of the graffiti at the city's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, after securing consent from the property owner.

(d) If the city is unable to obtain the property owner's consent to remove the graffiti pursuant to subsection C of this section, the city may commence abatement proceedings pursuant to Chapter 9.32 of this Code, including seeking costs as provided in that chapter.

(Ord. No. 912, § 3, 10-25-2022)

Pursuant to California Civil Code Section 1714.1(b) and Government Code Section 38772, each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian pursuant to Chapter 9.32 of this Code. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.

(Ord. No. 912, § 3, 10-25-2022)

Pursuant to Government Code Section 38772, any person who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorneys' fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to Chapter 8.50 of this Code. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law.

(Ord. No. 912, § 3, 10-25-2022)

(a) Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action and injunctive relief, and is also punishable as provided in Sections 1.04.090 and 1.04.100 of this Code.

(b) Any person who violates this chapter, shall be liable for a civil penalty not to exceed one thousand dollars for each violation. The civil penalty prescribed may be sought in addition to any other remedy, including administrative fines. The city is authorized to seek recovery by any means authorized by law. The parent or legal guardian having custody and control of the minor offender shall be jointly and severally liable with the minor.

(c) The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the city from commencing any other action or proceeding to enforce this chapter in addition to or as alternatives to the proceedings set forth herein.

(Ord. No. 912, § 3, 10-25-2022)

Upon entry of a second or subsequent civil, administrative or criminal judgment within a two year period finding an owner of property, minor or other person is responsible for a violation of this chapter, the city shall be entitled to treble damages pursuant to Government Code section 38773.7.

(Ord. No. 912, § 3, 10-25-2022)

The city council may, in its sole discretion, by resolution, establish a reward for information leading up to the identification, apprehension and conviction of any person who violates this chapter. Said resolution may require that the offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(Ord. No. 912, § 3, 10-25-2022)