Chapter 9.07 — GRAFFITI REMOVAL

No person shall willfully or maliciously use any liquid substance, spray, paint, chalk, dye or similar substance to place graffiti on any public or private property located within the City, whether such property is occupied, vacated or abandoned. Any violation of this chapter shall be punishable as a misdemeanor as set forth in Chapter 1.08, General Penalty, of this code. Violators may also be prosecuted under the State Penal Code for Malicious Mischief (Penal Code Section594) and are subject to Civil Code Section 1714.4 regarding the civil liability of parents for minor's acts of wilful misconduct. (Ord. 94-327 §1)

No person may sell or give aerosol paint or a marker pen with a tip exceeding three-eighths of an inch in width to any person under the age of 18. (Ord. 94-327 §2)

A. Absent the permission by the real property owner or other person having control thereof, it shall be unlawful for any person to possess aerosol spray paint, liquid paint, liquid dye or polish containers or marker pens with tips exceeding three-eighths of an inch in width, in any public building or upon any public facility or private property.

B. Absent being under the express supervision of their parent, guardian or other adult person acting "in loco parentis" it shall be unlawful for any person under the age of 18 to possess aerosol spray paint or markers with tips in excess of three-eighths of an inch in width. (Ord. 94-327 §3)

It is unlawful for any person to aid or abet any person under the age of 18 years in the purchase or obtaining of any aerosol spray paint or of marker pens with tips exceeding three-eighths of an inch in width. (Ord. 94-327 §4)

The owner or operator of any business within the City offering for sale to the public any of the implements described in Section 9.07.030 above shall maintain stock and displays in a place that is locked and secure or otherwise made unavailable to the public except upon request. A sign shall be placed in the direct view of customers and the cashier stating the following:

IT IS ILLEGAL TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR FELT-TIP PENS (3/8″ WIDTH) TO MINORS PER ORDINANCE NO. 94-327 OF THE MUNICIPAL CODE OF THE CITY OF GUADALUPE. (Ord. 94-327 §5)

A. A property owner shall remove graffiti from the property within a reasonable time after receipt of written notification from the City to remove the graffiti. Failure to remove the graffiti shall result in the City taking appropriate corrective action against the property owner for violation of State vandalism laws and/or for the abatement of the graffiti nuisance, and/or other remedies provided by law. At the discretion of the City, the City may offer to remove the graffiti from the property upon obtaining the owner's written consent. At the discretion of the City, the cost of City removal may be charged to the property owner.

B. Abatement shall mean the complete removal of the graffiti by washing, sandblasting, chemically treating, painting or otherwise obscuring the graffiti with approved materials, restoring the property to its previous condition. "Camouflaging" graffiti with haphazard brushing or paint rollers with contrasting paint colors shall only be used as a temporary measure, as approved by the City, until the graffiti area is returned to its previous condition. (Ord. 94-327 §6)