Kern County Municipal Code Ch. 9.30 Graffiti

Graffiti vandalism has developed into a serious problem in the county of Kern and is a drain on both public and private resources. Graffiti vandalism on both public and private property has resulted in a deterioration of property values and adversely affects the quality of life of citizens. Graffiti, if left unabated, adversely affects business development, retail sales, and residential housing costs. Graffiti on public or private property encourages additional occurrences of graffiti and increases fear in the community. The existence of graffiti breeds community discontent as well as criminal and gang related activities. Graffiti is declared to be a public nuisance in the county of Kern. This chapter will serve to mitigate these problems by making it more difficult to obtain the instruments used in creating graffiti and through quick removal and control of graffiti vandalism. Other provisions of law have proved inadequate to prevent and/or eradicate graffiti.

(Ord. G-6027 § 2 (part), 1993)

The purpose of this chapter is to prevent graffiti and provide for the prompt abatement of graffiti from public and private property in the unincorporated areas of the county; to provide methods of controlling the sale, use and possession of instruments used in creating graffiti; and to encourage citizens to report occurrences of graffiti vandalism in the unincorporated areas of the county. This chapter is intended only to supplement existing provisions of the Penal Code and other laws relating to prevention and abatement of graffiti and to be exclusive of any criminal or civil remedy there provided.

(Ord. G-6027 § 2 (part), 1993)

As used in this chapter, "graffiti" means any unauthorized marking, inscription, word, design, writing or picture which is marked, etched, scratched, drawn, or painted upon any public or private property, either real or personal, including any structure, wall, fence, sidewalk, sign, public utility box or any structural component of any building, bridge, structure or facility.

(Ord. G-6027 § 2 (part), 1993)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or marker pens with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers or marker pens to be stored, if viewable by the public, in a manner not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(Ord. G-6027 § 2 (part), 1993)

A. It shall be unlawful for any person, firm or corporation to sell, give or in any way furnish any marker pen with a tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry, to a person under the age of eighteen (18) years. This subsection does not apply to parents, legal guardians, employers, instructors or other adults in a supervisory capacity.

B. It shall be unlawful for any person under the age of eighteen (18) years to purchase a marker pen(s) with a tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry.

C. Every retailer selling or offering for sale marker pens with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry, shall post in a conspicuous place a sign in letters at least ⅜ of an inch high stating:

"ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH INK OR OTHER PERMANENT LIQUIDS IS GUILTY OF VANDALISM, PUNISHABLE BY FINE AND/OR IMPRISONMENT."

(Ord. G-6027 § 2 (part), 1993)

A. It is unlawful for any person under the age of eighteen (18) years, who is on private property without the consent of the owner, tenant or operator thereof or who is in a public place, to possess a marker pen with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry. For purposes of this section, "public place" includes, but is not limited to, all public buildings and facilities, a public highway, street, alley or way, regardless of whether that person is or is not in a motor vehicle or other conveyance. This subsection shall not apply to the possession of a marker pen with a tip exceeding six (6) millimeters in width in a public place by a minor in the presence of a parent, legal guardian, employer, instructor or other adult accompanying the minor in a supervisory capacity.

B. It is unlawful for any individual, who is on private property without the consent of the owner, tenant or operator thereof, to possess an aerosol or pressurized container of paint for the purpose of defacing property.

(Ord. G-6027 § 2 (part), 1993)

A. General. Any person applying graffiti to any private or public property in the unincorporated area of the county shall have the duty to abate the graffiti in a manner approved by the property owner within a time specified by a peace officer.

B. Public Property. Whenever the general services division of the county administrative office determines that graffiti exists upon property owned by the county, the county shall take all reasonable and timely steps to abate the graffiti. When the property is owned by another public entity in the county, abatement of the graffiti may be authorized by the county or its designated representative and removal undertaken by the county only after securing written consent of the public entity having jurisdiction over the property.

C. Abatement by County on Private Property.

1. Authorization to Use County Funds. County funds may be used to abate graffiti from privately owned permanent structures located on privately owned real property within the unincorporated areas of the county in the following cases:

a. Staff time and associated costs for law enforcement and other personnel to supervise abatement of graffiti by offending juveniles, adult offenders, or volunteers;

b. Funds are to be used only to abate graffiti and may not be used to paint or repair any more extensive, adjacent area.

2. Entry on Private Property with Owner's Consent. The county will first seek to obtain the written consent of the owner or person in possession and control of the affected property in order to enter upon the property to abate graffiti located thereon. The consent shall be in a form approved by the county counsel and shall authorize entry of county personnel, persons satisfying a community service obligation and/or volunteers onto the subject property to abate the graffiti.

3. Entry Without Owner's or Occupant's Consent. If the county is unable to secure consent to enter upon the affected property to abate the graffiti, the county may commence abatement proceedings as follows:

a. If the property is not occupied and the owner cannot be located, notice of intent to enter on the land and abate the graffiti shall be given in accordance with Section 8.44.050 of this code and, for purposes of this section, the chief probation officer shall be a public officer as defined in Section 8.44.040 of this code. If there is no response within the time there specified, the county may thereafter enter the property for the sole purpose of abating the graffiti thereon without cost to the owner.

b. If the property is occupied, and the owner, or the person in possession and control of the property if the owner cannot be located, refuses to consent to entry to abate the graffiti, the provisions of Chapter 8.44 of this code shall be followed except that abatement shall be without cost to the property owner.

c. Whenever the county abates graffiti by covering it with paint, it shall use its best efforts to approximate the color of adjacent parts of the building or object to be painted consistent with available resources and efficient use of taxpayer funds.

D. Liability of Parent or Guardian and Minor. Consistent with Civil Code Section 1714.1 and Government Code Section 38772, each parent or legal guardian having custody and control of the minor causing the graffiti shall be personally and jointly and severally liable with the minor for any and all costs incurred by the county or any person or business in connection with the abatement of graffiti caused by that parent's or guardian's minor child, for all law enforcement costs and county staff costs incurred in identifying and apprehending said minor, and attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to the limits set in California Civil Code Section 1714.1 (b).

(Ord. G-6361 § 2, 1997: Ord. G-6027 § 2 (part), 1993)

Violation of this chapter is a misdemeanor.

(Ord. G-6027 § 2 (part), 1993)

It is declared to be the intention of the board of supervisors that the subsections, paragraphs, sentences, clauses and phrases of this section form an interrelated program for dealing with the problem of graffiti and vandalism, but such subsections, paragraphs, sentences, clauses and phrases are distinct and severable. In the event that any subsections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter.

(Ord. G-6027 § 2 (part), 1993)