Firebaugh Municipal Code § 3-11 Graffiti

[Ord. #93-6, S1; Ord. #93-9]

a. Section 53069.3 of the California Government Code authorizes cities and counties to provide for the removal of graffiti and other inscribed material from public and privately owned permanent structures located on public or privately owned real property within such City or county. The Firebaugh City Council finds that graffiti on public and privately owned property is obnoxious in that it furthers blight, encourages acts of vandalism, and depreciates the value of surrounding properties.

b. The council further finds and determines that unless graffiti is quickly removed, other properties soon become the target of graffiti. The existence of graffiti tends to begin community discontent and contempt for the law. The defacement of property with graffiti is most often committed by persons under the age of 18 years using aerosol or pressurized containers and indelible markers and pens.

[Ord. #93-6, S1; Ord. #93-9]

As used in this section:

a. GRAFFITI OR OTHER INSCRIPTION – shall mean any inscription, word, figure or design that is indelibly marked, etched, scratched, drawn or painted into or on any component of any building, structure or other facility, regardless of the nature of the material of that component, structure, or facility.

b. INDELIBLE MARKER – shall mean any marker, pen or similar implement with a tip exceeding four millimeters in width and containing anything other than a solution which can be removed with water after it dries.

c. RESPONSIBLE ADULT – shall mean the parent or legal guardian of a minor under the age of 18 years.

[Ord. #93-6, S1; Ord. #93-9]

a. It shall be unlawful for any person to apply graffiti or other inscription upon any wall, street, sidewalk, bridge, building, fence, gate, structure, signs, or other facility within the City of Firebaugh (the City).

b. Persons convicted of violating this section, in addition to any other penalties imposed by this code, shall pay restitution to the property owner. If the violator is a minor, the parent or guardian shall be responsible for the payment of restitution.

[Ord. #93-6, S1; Ord. #93-9]

No person shall sell, offer to sell, cause to be sold, give or lend any indelible marker to any minor under the age of 18 years not accompanied by a responsible adult.

[Ord. #93-6, S1; Ord. #93-9]

It shall be unlawful for any minor under the age of 18 years, not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint or an indelible marker.

[Ord. #93-6, S1; Ord. #93-9]

Persons engaged in the retail sale of aerosol or pressurized containers of paint and/or indelible markers shall display, at the location of retail sale, a sign clearly visible and legible to employees and customers reading: "It is unlawful for any person to sell, lend or give to any minor under the age of 18 years, not accompanied by a responsible adult, an aerosol or pressurized container of paint or an indelible marker."

[Ord. #93-6, S1; Ord. #93-9]

a. General. Any person applying graffiti within the City shall have the duty to remove such graffiti within 24 hours after notice by the City to the owner of the property to remove the graffiti. Failure to remove the graffiti shall constitute an additional violation of this section.

b. Parental Responsibility. Where graffiti is applied by minors, the parent or guardian of the minor shall be responsible for removal of the graffiti and payment of the cost of such removal.

c. Public Property. Graffiti on property owned by the City shall be removed as soon as practicable. The City may remove or cause graffiti to be removed from public property owned by an entity other than the City, only after securing the consent of the public entity which has jurisdiction of the structure.

d. Private Property. It is the duty of every property owner to remove graffiti promptly from their property. Where graffiti is placed on private property open to view from a public right-of-way or sidewalk, the City may cause written notice to be served upon the owner requesting removal of the graffiti. The City may, at City expense, remove or obscure graffiti from private property only after securing the consent of the owner.

[Ord. #93-6, S1; Ord. #93-9]

The City may pay to any person who provides information which leads to the arrest and conviction of a person who applied graffiti in the City, a monetary reward as established by council resolution.