Huntington Park Municipal Code Ch. 27 Graffiti

It is the purpose and intent of the City Council, 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 Huntington Park is beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

"Aerosol paint container"

means any aerosol container which is adapted or made for the purpose of applying spray painting, or other substance capable of defacing property.

"Felt-tip marker"

means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth of an inch, containing ink or other pigmented liquid which is not water soluble.

"Graffiti"

means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to or on any surface of Cityowned property or non-City owned property within the jurisdiction of the City by or with, but not limited to, any of the following: felt-tip marker, paint stick or graffiti stick, or graffiti implement, to the extent that the same was not authorized in advance by the owner or occupant thereof, or despite advance authorization, is otherwise deemed by the City Council to be a public nuisance.

"Graffiti implement"

means an aerosol paint container, a felt-tip marker, gum label, paint stick or graffiti stick, etching tool including, but not limited to, etching creams and substances, or any other device capable of scarring or leaving a visible mark on glass, metal, concrete or wood or any other device.

"Gum label"

means 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"

means any 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-eighth of an inch in width.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

It is unlawful for any person to apply graffiti to any vehicle or to any public or privately owned structure located on publicly or privately owned real property within the City.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

(a) It is unlawful for any person under the age of 18 years to have in his or her possession for other than a lawful purpose any graffiti implement while:

(1) Upon public property unless that person is accompanied by a parent or guardian; or

(2) Upon private property without the prior 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. Any person arrested for violation of this section shall have the burden of proof that possession of the graffiti implement was for a lawful purpose.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

No person shall have in his or her possession for other than a lawful purpose any graffiti implement while doing any activity in any public park, playground, swimming pool, recreational facility or other public building owned and operated by the City, 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 authorized employees of the City or an individual or authorized employee of an individual company under contract with the City which requires the use of such graffiti implements or except as graffiti implements may be used in planned, adult-supervised activities. Any person arrested for violation of this section shall have the burden of proof that possession of the graffiti implement was for a lawful purpose.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

It is 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 sold, exchanged, given, loaned or otherwise furnished, any graffiti implement to any person under the age of 18 years unless such person is in the presence of his or her parent or guardian. It is unlawful for any person under the age of 18 years to purchase or otherwise obtain any graffiti implements unless such person is in the presence of his or her parent or guardian.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

(a) Locked Display Cabinet. Every business or establishment selling or offering for sale any paint or dye packaged in tins, aerosol containers of paint, paint stick, etching creams and substances, graffiti stick or felt-tip marker with a tip which, at its broadest width, is greater than one-sixteenth inch containing an ink or other pigmented liquid capable of defacing property shall keep, store and maintain such graffiti implements in a locked display cabinet or other device to prevent direct customer access to the graffiti implements.

(b) Any business or establishment offering for sale to the public any graffiti implement shall post and maintain a sign which contains the provisions of Huntington Park Municipal Code Section 5-27.06 in letters of at least one-half inch in height. Such sign shall be plainly visible to customers who may purchase graffiti implements.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

(a) Criminal Penalties. Any violation of this chapter shall be a misdemeanor offense punishable in accordance with the provisions of Section 594 of the California Penal Code.

(b) Additional Penalties Available. The following additional penalties are available for violations of this chapter:

(1) Vehicle Code, Section 42001.7, which permits a court to require a littering (VC 23111, 23112, 23113) offender to pick up litter or clean up graffiti;

(2) Vehicle Code, Section 13202.6, which permits suspension or delay in issuance of a driver's license of one year for each conviction for a graffiti offense;

(3) Minors determined to be a ward of the court under Welfare and Institutions Code Section 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.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

(a) The abatement and related administrative costs incurred by the City in abating any nuisance resulting from the defacement of property by graffiti or any other inscribed material shall be:

(1) A personal obligation of a minor or other person creating, causing or committing the nuisance; and/or

(2) A personal obligation of the parent or guardian having custody and control of any minor creating, causing or committing the nuisance; and/or

(3) A special assessment against any parcel of land owned by a minor or other person creating, causing or committing the nuisance; and/or

(4) A special assessment against any parcel of land owned by the parent or guardian having custody and control of any minor creating, causing or committing the nuisance.

(b) If unpaid, the abatement and related administrative costs incurred by the City in abating any nuisance resulting from graffiti or any other inscribed material should be imposed as a special assessment against a parcel of land owned by the minor or other person creating, causing or committing the nuisance, or by the parent or guardian of the minor creating, causing or committing the nuisance. The following procedures shall apply in determining, assessing and collecting graffiti abatement charges:

(1) The City Manager or his designee shall prepare a statement setting forth the actions taken by the City to abate the nuisance and the costs incurred in abating the nuisance.

(2) The statement shall be served upon owner of the property to be assessed as shown on the owner upon the last equalized tax assessment roll by personal service or by mailing a copy of said notice by registered or certified mail, return receipt requested, postage prepaid, at the owner's last home address, or at the address shown upon the last equalized tax assessment roll. The service shall be deemed complete at the time of deposit in the mail.

(3) If the owner does not pay the costs within 30 days from the service of the statement, the City Manager or designee shall present the statement to the City Council for confirmation. Before the report is submitted to the City Council for confirmation, a copy of the report, together with a notice of the time when said report shall be heard by the City Council for confirmation, shall be posted on the property at least five days before the meeting of the City Council. A copy of the report and notice shall also be served upon owners of the property in the manner provided by Section 5-27.09(2) at least five days prior to the date of the meeting for confirmation. Proof of said posting and service shall be made by affidavit filed with the City Clerk. The failure of the owners to receive such notice shall not affect the power of the City or its officers or employees to proceed as provided in this chapter, nor shall it invalidate the assessment against the involved property. The notice shall advise the property owner that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(4) At the meeting, the City Council shall confirm, report or modify the report as it deems necessary and proper by motion or resolution. Upon passage and adoption of such report, the City Manager or his or her designee shall cause a certified copy thereof to be recorded with the Los Angeles County recorder's office.

(5) The costs of abatement may include the attorneys' fees incurred in any action, administrative proceeding or special proceeding to abate the nuisance. The attorneys' fees shall be recovered by the prevailing party. The City may elect which proceedings or actions it seeks to recover attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

(6) Upon passing and adopting the report, the City shall provide the owner notice in a manner pursuant to Section 5-27.09(2) that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in an assessment against the real property but instead shall be transferred to the unsecured roll for collection.

(c) For purposes of this section, the following terms shall have the meanings set forth in this subsection:

(1) "Abatement and related administrative costs" include, but are not limited to, court costs, attorney's fees, cost of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor creating, causing or committing the nuisance.

(2) "Graffiti or other inscribed material" means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.

(3) "Minor" or "other person" means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor declared a ward of the juvenile court pursuant to Section 602 of the Welfare Institutions Code by reason of the commission of an act prohibited by Section 594, 594.5, 640.5, 640.6 or 640.7 of the Penal Code.

(d) This section shall not be deemed to preclude recovery of the costs of abating a nuisance resulting from graffiti from any other person who may be responsible for such costs under law.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

(a) Pursuant to Section 53069.5 of the Government Code, the City offers a reward of up to $500 for any person or persons who furnish information, in whatever method that provides for adequate identification of the violator(s), including photograph and video evidence, to the City's police department that directly leads to the arrest and conviction or confession of any person for violation of Section 5-27.03 of this code or California Penal Code Section 594. 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 purposes 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 for rewards under this section shall be filed with the City Clerk as are other claims against the City. Each claim shall:

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

(2) Identify the person who was convicted of or who confessed to violating Huntington Park Municipal Code Section 5-27.03 or California Penal Code Section 594;

(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 unless an authorized representative of the City investigates and verifies the accuracy of the claim and recommends 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.

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

(§ 1, Ord. 673-NS, eff. March 21, 2002)

(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 is unlawful to permit such property defaced with graffiti to remain defaced for a period of 10 days after notice of same; or

(3) The affected property owner is eligible for and becomes a part of the City's "graffiti removal" program, in which case the graffiti shall remain until the program has scheduled its eradication.

(b) The existence of graffiti within the City limits of the City is a public and private nuisance, and may be abated according to law.

(c) Whenever the City becomes aware or is notified and determines that graffiti is so located on publicly or privately owned property within the City and with the responsible party's consent, the City shall be authorized, but not required, 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 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 in writing to pay for the costs of repainting or repairing the more extensive area.

(d) Abatement.

(1) In cases where the City has made extensive efforts to work with the property owner in gaining compliance and the property owner continues to be uncooperative, the City shall properly notice and set a hearing of abatement before the City Manager or his designee, at which time a decision to abate will be made, which shall be final.

(2) If an order to abate is issued, the responsible party shall have a period of 10 days to comply. If the graffiti has not been abated after the 10 day period, the City shall have the authority to enter upon the property and eradicate the graffiti.

(e) Special Assessments. If the City enters upon the property and eradicates the graffiti pursuant to this section, the City shall recover the abatement and related administrative costs incurred by the City in abating any nuisance resulting from graffiti or any other inscribed material by imposing a special assessment against a parcel of land owned by the responsible party, in the same manner as the special assessment can be imposed as set forth in Section 5-27.09.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

In approving tentative or parcel maps, conditional use permits, variances or other similar land use entitlements, the City shall consider imposing as part of an approval any or all of the following conditions at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other similar land use entitlement:

(a) Use of Anti-Graffiti Material. That the developer shall apply an anti-graffiti material of a type and nature that is acceptable to the City Manager or his designee to each of the publicly viewable surfaces on the improvements to be constructed on the site deemed by the City Manager or his designee to be likely to attract graffiti ("graffiti attracting surfaces");

(b) Owner to Immediately Remove Graffiti. That the developer shall provide, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against the subject property, 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 subject property shall remove, with reasonable and good-faith diligence, any graffiti placed thereon.

(c) Right of Access to Remove Graffiti. That the developer shall grant, either as part of the covenants, conditions and restrictions, or as a separate covenant recorded against the subject property, which covenant shall run with the land, the right of entry by authorized City employees or agents of the City over and upon such property, and upon 48 hours' posting of notice, for the purpose of removing or painting over graffiti from structures on said property with reasonable and good faith diligence.

(§ 1, Ord. 673-NS, eff. March 21, 2002)

Should any court of competent jurisdiction declare any section, clause or provision of the ordinance codified in this chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause, provision of the ordinance codified in this chapter.

(§ 1, Ord. 673-NS, eff. March 21, 2002)