Fullerton Municipal Code Ch. 7.31 Graffiti

(A) It is the purpose and intent of the City Council of the city, through the adoption of the ordinance codified in this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement especially, but not limited to, graffiti on privately and publicly owned walls which are inimical and destructive of the rights and values of private property owners as well as the total community. The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from the sense of community enjoyed by residents of the city, is beyond the cost of cleanup or removal.

(B) Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighbor- hoods.

(Ord. 2833, passed - -1993)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AEROSOL PAINT CONTAINER. Any aerosol 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.

FELT-TIP MARKER. Any marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth inch, containing an ink or other pigmented liquid.

GRAFFITI. Any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface, regardless of the nature of the material of that structural component.

GRAFFITI IMPLEMENT. An aerosol paint container, a felt-tip marker, gum label or a paint stick or etching tool capable of scarring glass, metal, concrete or wood.

GUM LABEL. Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.

PAINT STICK or GRAFFITI STICK. 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-sixteenth of an inch in width.

(Ord. 2833, passed - -1993)

It shall be unlawful for any person to apply graffiti on any public or privately owned structure located on publicly or privately owned real property within the city.

(Ord. 2833, passed - -1993)

(A) It shall be unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement while upon public property, or upon private property, without the prior written consent of the owner of such private property.

(B) The foregoing provision shall not apply while the person is attending or traveling to or from a school at which the 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 any graffiti implement.

(Ord. 2833, passed - -1993)

No person shall have in his or her possession any graffiti implement while doing any activity in any public park, playground, swimming pool or recre- ational facility, or while loitering in or near an underpass, bridge abutment, storm drain and other similar types of infrastructure not normally used by the public, except as they may be used in planned, adult supervised activities.

(Ord. 2833, passed - -1993)

It shall be 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 felt-tip marker or graffiti implement to any person under the age of 18 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.

(Ord. 2833, passed - -1993)

(A) Criminal penalties. Any violation of this chapter shall be a misdemeanor offense punishable by either six months in jail or a $1,000 fine, or both such fine and imprisonment.

(B) Additional penalties available.

(1) Cal. Vehicle Code § 42001.7 which permits a court to require a littering (Cal. Vehicle Code §§ 23111, 23112 and 23113) offender to pick up litter or clean up graffiti.

(2) Minor determined to be a ward of the court under Cal. Welfare and Institutions Code § 602 as a result of committing an offense in the city shall be required, at the city’s option, to perform community service, including graffiti removal service of not less than six hours nor more than 80 hours.

(Ord. 2833, passed - -1993)

(A) Reward. Pursuant to Cal. Gov’t Code § 53069.5, the city does hereby offer a reward of $500 for information leading to the arrest and conviction of any person for violation of Cal. Penal Code § 594, the use of graffiti, not to exceed $1,500 per violation. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purpose of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(B) Claims. Claims for rewards under this section shall be filed with the city. Each claim shall:

(1) Specifically identify the date, location and kind of property damaged or destroyed;

(2) Identify by name the person who was convicted of, or who confessed to, the damage or destruction of the property;

(3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession;

(4) No claim for a reward shall be allowed by the City Council unless authorized by the Chief of Police after investigation and verification of the accuracy of the claim and recommendation that it be allowed. The investigation must determine that the claimant’s information was relevant and directly responsible for the arrest and conviction of the suspect; and

(5) The person committing the graffiti and, if that person is an unemancipated minor, then the custodial parent of said minor, shall be liable for any rewards paid pursuant to this section.

(C) Reimbursement of car phone air time. The city shall reimburse to any person reporting by means of a mobile or cellular phone an act of graffiti vandalism or existence of graffiti within the city limits in the amount of the direct phone charges exclusive of taxes and the like, incurred by the person.

(Ord. 2833, passed - -1993; Ord. 2852, passed - -1994)

(A) It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property (“responsible party”) to permit property which is defaced with graffiti to remain so defaced for a period of seven days after notice of same, unless:

(1) The person shall demonstrate by a preponderance of evidence that he or she does not have the financial or physical ability to remove the defacing graffiti; or

(2) It can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of 15 days after notice of same.

(B) The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated according to the provisions and procedures herein contained.

(C) The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five times in 12 months is a public and private nuisance, and may be abated by minor modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures herein contained as follows: The surface or surfaces shall be required to be retrofitted, at the cost of the property owner of the lot, not to exceed a total cost of $500, or at the cost of the city at the city’s option, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.

(D) Persons removing graffiti pursuant to a city-sponsored graffiti removal program shall be deemed workers covered by the city’s workers’ compensation program and insurance coverage.

(E) Whenever the city becomes aware or is notified and determines that graffiti is so located on publicly or privately owned property within the city, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or his or her designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

(Ord. 2833, passed - -1993)

(A) Notice and conduct of due process hearing. The Director of Public Works (“Hearing Officer”) shall give not less than 48 hours’ notice, served in the same manner as summons in a civil action in accordance with Cal. Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 3 (commencing with § 415.10) (if the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Cal. Government Code § 6062) to the party who is responsible for the maintenance of a parcel of property containing graffiti (“property”) and, if a different person is the owner of record on the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to the owner also, of a “due process” hearing at which the responsible party shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the responsible party or his or her agent, the Hearing Officer determines that the property contains graffiti, the Hearing Officer shall give written notice (“eradication order”) that, unless the graffiti is removed within five days thereafter, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Director of Public Works) or such other eradication thereof (“eradication effort”) as the Director of Public Works determines appropriate, and shall provide the responsible party thereafter with an accounting of the costs of such eradication effort on a full cost recovery basis.

(B) Eradication effort. Not sooner than the time specified in the order of the Hearing Officer, the Director of Public Works or his or her designee shall implement the eradication order, and shall provide an accounting to the responsible party of the costs thereof (“eradication accounting”).

(C) Cost hearing. If the responsible party fails to request a hearing before the Hearing Officer on the eradication accounting (“cost hearing”), or, if requested, a cost hearing is conducted after extending due process to the responsible party, and after such a cost hearing, the Hearing Officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the Hearing Officer, (“assessed eradication charges”) shall be due and payable by the responsible party within 30 days.

(D) Lien. If all or any portion of the assessed eradication charges remain unpaid after 30 days, pursuant to the authority created by law, such portion thereof as shall remain unpaid shall constitute and is declared to constitute a lien on the property which was the subject matter of the eradication effort. The Director of Public Works shall present a resolution of lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the County Recorder’s Office and with the County Auditor/ Controller. The amount of such charges shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent, the amount of such charges shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes.

(Ord. 2833, passed - -1993)

Any gas, electric, telephone, water, sewer, cable, telephone and other utility operation in the city shall paint its above-surface metal fixtures with a uniform paint type and color which meets with the approval of the City Manager.

(Ord. 2833, passed - -1993)

In approving tentative or parcel maps, conditional use permits, variances or other similar land use entitlements, the city shall consider imposing any or all related conditions at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other similar land use entitlement. If approved:

(A) Use of anti-graffiti material. Developers shall apply an anti-graffiti material of a type and nature that is acceptable to the Director of Public Works to each of the publicly viewable surfaces on the improvements to be constructed on the site deemed by the Director of Public Works to be likely to attract graffiti (“graffiti-attracting surfaces”);

(B) Right of access to remove graffiti. Developers shall grant, prior to resale of any of the parcels which are within the territory of the map, the right of entry over and access to such parcels upon 48 hours of posting of notice by authorized city employees or agents to the city for the purpose of removing or “painting over” graffiti from graffiti-attracting surfaces previously designated by the Director, and the right to remove such graffiti;

(C) Supply city with graffiti-removal material. Developer shall, for a period of two years after the resale of his or her final lot, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti-attracting surfaces; and

(D) Owner to immediately remove graffiti. Developer shall provide, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same property or land, which covenant shall run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owner of the lots shall immediately remove any graffiti placed thereon.

(Ord. 2833, passed - -1993)

(A) Any surface of a structure on a parcel of land placed in any land use other than residential which has been defaced with graffiti after removal more than five times in six months, or the immediate area surrounding the surface, shall be required to be retrofitted, at the cost of the property owner of the lot, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.

(B) The owner of property on which is located a surface of a structure other than residential which has been defaced with graffiti after removal more than five times in six months, or the immediate area surrounding the surface, shall permit the city to enter upon and make such modifications thereto, at city’s cost, which modifications shall include such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.

(Ord. 2833, passed - -1993)

Any parent or legal guardian whose child under the age of 18 possesses a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorneys’ fees and court costs incurred in connection with the civil prosecution of any claim for damages.

(Ord. 2833, passed - -1993)