Fowler Municipal Code Ch. 14 Graffiti Implements

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

(a) "Aerosol paint container" means any aerosol container or pressurized container regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

(b) "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth (⅛) inch, containing an ink that is not water-soluble.

(c) "Graffiti" means any unauthorized inscription, work, figure, design, writing or picture that is marked, etched, scratched, drawn or painted on any surface.

(d) "Graffiti implement" means an aerosol paint container, a felt tip marker or a paint stick.

(e) "Minor" means a person under eighteen (18) years of age.

(f) "Paint stick" means a device containing a solid form of paint, chalk, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth (⅛) of an inch in width, visible from a distance of twenty (20) feet, and not water-soluble.

(§ 1, Ord. 94-3, eff. April 14, 1994)

It is unlawful for any minor to possess any graffiti implement:

(a) While upon public property; or

(b) While upon private property without the consent of the owner of such private property. Such consent must be given in advance and must authorize the minor's presence while in the possession of a graffiti implement.

This subsection shall not apply while the minor is attending, or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a requirement of said class, the need to use felt tip markers.

(§ 1, Ord. 94-3, eff. April 14, 1994)

It shall be unlawful for any person to sell, exchange, give, loan, or otherwise transfer or cause or permit to be sold, exchanged, given, loaned, or otherwise transferred any graffiti implement to any person under the age of eighteen (18) years.

(§ 1, Ord. 94-3, eff. April 14, 1994)

Every person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements, shall store or cause such graffiti implements to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such graffiti implements.

(§ 1, Ord. 94-3, eff. April 14, 1994)

Any person engaged in the retail sale of graffiti implements shall display at the location of retail sales a sign clearly visible and legible to employees and customers which states as follows:

"It is unlawful for any person to sell, lend or give to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult an aerosol or pressurized container of paint, a wide-tipped marker pen exceeding one-eighth of an inch in width or a paint stick containing anything other than a solution which can be removed with water when dry."

(§ 1, Ord. 94-3, eff. April 14, 1994)

(a) General. Any person applying graffiti within the City shall have the duty to remove same in a manner approved by the City and the property owner within twenty-four (24) hours after notice by the City or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.

(b) Public property. Whenever the City Manager or his designated representative determines that graffiti exists upon property owned by the City, it shall be removed as soon as possible. When the property is owned by a public entity other than the City, the removal of the graffiti may be authorized by the City Manager or his representative, and removal undertaken by City only after securing the consent of the public entity having jurisdiction over the property.

(§ 1, Ord. 94-3, eff. April 14, 1994)

Any individual who is found guilty of violating Section 5-14.06(a) of this chapter shall pay restitution to the property owner, in addition to authorized penalties. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his/her payment under the direction of at least one parent or guardian by painting out any graffiti.

(§ 1, Ord. 94-3, eff. April 14, 1994)

A violation of any provision of this chapter is a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or by both.

(§ 1, Ord. 94-3, eff. April 14, 1994)

In lieu of, or as a part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including, but not limited to offenses which, in the opinion of the police chief, constitute a violation of this chapter), the Police Chief or his designated representative shall be authorized to order said minor to perform such community service as the Police Chief deems appropriate, but which community service shall contain the following minimum elements:

(a) The minor shall perform not less than twenty (20) hours nor more than 100 hours of community service;

(b) At least one of the custodial parents, or if none, guardians, shall be in attendance at least fifty (50%) percent of the period of assigned community service;

(c) The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police.

(§ 1, Ord. 94-3, eff. April 14, 1994)

Nothing in the foregoing sections shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

(§ 1, Ord. 94-3, eff. April 14, 1994)

No portion of this chapter is intended to supersede any California Penal Code sections which govern similar actions, such as Section 594.1 of the Penal Code. It is intended that this chapter be construed as supplementing State law concerning graffiti and the sale and possession of graffiti implements.

(§ 1, Ord. 94-3, eff. April 14, 1994)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(§ 1, Ord. 94-3, eff. April 14, 1994)