King City Municipal Code Ch. 7.36 Graffiti and Graffiti Implements

Note: Prior ordinance history: Ord. 550.

The city council finds and determines that the quality of life in this community is closely related to the character and conditions of its neighborhoods. The purpose of the ordinance codified in this chapter is to protect the appearance, integrity and character of the community and to safeguard property within the community. Graffiti reduces property values, causes blight, is unsightly, and often encourages potential criminal activity by expressing gang-related symbols, colors and messages. The city council further finds and determines that the presence of graffiti anywhere in the city constitutes both a public and private nuisance which may be abated in accordance with the provisions of this chapter. It is the intent of the city council in adopting this chapter to impose criminal liability upon persons violating this chapter; that law enforcement agencies of the city strictly enforce the law; and that persons engaging in vandalism and defacement of public and private properties be prosecuted with all due diligence.

(Ord. 608 § 1 (Exh. A), 1999)

“Aerosol container of paint”

means 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.

“Contractor”

means any person with whom the city contracts to remove graffiti anywhere in the city.

“Director”

means the director of building and planning of the city of King.

“Felt tip marker”

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

“Graffiti”

means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.

“Graffiti implement”

means and includes any aerosol container of paint, felt tip marker, or graffiti stick.

“Graffiti stick”

means a device containing any 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, visible from a distance of twenty feet, and is not water soluble.

(Ord. 608 § 1 (Exh. A), 1999)

(a) No person shall place graffiti upon any public property within the city of King.

(b) The following shall apply to privately owned property within the city of King: No person shall place graffiti on any property not owned by, or under the control of such person, and no person owning property, or in control thereof shall inscribe or allow to be inscribed any graffiti on any fence, building, structure, sign, sidewalk, curb or driveway when such graffiti is visible from any street or other public or private property within the city of King.

(Ord. 608 § 1 (Exh. A), 1999)

For the reasons stated in Section 7.36.010 the city council finds and determines that the presence of graffiti on public or private property constitutes a public nuisance which may be abated in accordance with the provisions of this chapter, or the provisions of any other applicable law. By reason of the findings contained in this chapter the city may expend city funds for the removal of graffiti or other inscribed material.

(Ord. 608 § 1 (Exh. A), 1999; Ord. 826, 5/14/2024)

(a) Fences located on property lines between parcels owned by two separate ownerships. It shall be the responsibility of the property owner whose property faces the side of the fence that has been defaced to abate the graffiti.

(b) Structures located on property lines between parcels under two separate ownerships. It shall be the responsibility of the owner of the property on which the structure that has been defaced is located to abate the graffiti.

(Ord. 608 § 1 (Exh. A), 1999)

(a) Possession of any graffiti implement by any person under the age of eighteen years while such person is on any public street, sidewalk, highway, alley, park, playground, swimming pool, or other public place is prohibited, whether or not such person is in any automobile or other vehicle or conveyance. This section shall not apply if such minor is in possession of an aerosol container of paint in order to perform a task requested or directed by the minor’s parent, guardian, instructor or employer, provided that the task would not be in violation of this chapter or any other law if performed by an adult.

(b) No person shall have in his or her possession any graffiti implement while doing any activity in any public park, playground, swimming pool, recreational facility, cemetery, or while loitering in or near any underpass, bridge abutment or similar type of infrastructure not normally used by the public, except as may be authorized by the city.

(Ord. 608 § 1 (Exh. A), 1999)

It is unlawful for any person, firm or corporation, except a parent or legal guardian, to sell, give or furnish to a person under the age of eighteen years any graffiti implement as defined in Section 7.36.020. This section shall not apply to furnishing six ounces or less of an aerosol container of paint, or other graffiti implement for the minor’s use or possession under the supervision of the minor’s parent, guardian, instructor or employer.

(Ord. 608 § 1 (Exh. A), 1999)

A sign not smaller than eight and one-half inches by eleven inches shall be prominently displayed in the proximity of the merchandise in all retail establishments which offer for sale to the public paint in aerosol containers. These signs shall contain a warning in both English and Spanish, printed in font size not less than twenty points, reading substantially as follows:

“Possession by or sale to a minor of an aerosol container of paint is unlawful. California Penal Code Section 594.1; King City Municipal Code Chapter 7.36.”

(Ord. 608 § 1 (Exh. A), 1999)

(a) Use of Public Funds. Whenever the city becomes aware that graffiti is located on public or privately owned property viewable from a public place within the city, or viewable from outside the boundaries of the property on which the graffiti is located, the city manager, or his designee, is authorized to use public funds for the removal of the same, or for the painting or repair of the surface defaced or disfigured by the graffiti.

(b) It shall be the primary responsibility of the owner to abate graffiti located on private property within twenty-four hours. If the owner is unable to abate the graffiti or is unable to be notified within twenty-four hours, the city shall abate the graffiti when it can be accessed from the public right-of-way with available paint in stock or other means readily available. If paint that matches the surface is not readily available in stock by the city, the owner is then required to restore the surface within seven calendar days after receiving notice to restore the property by covering the surface with matching paint or making other repairs necessary to return it to an approved condition.

(c) Entry on Private Property.

(1) Securing Owner Consent. Prior to entering upon private property or property owned by a public entity other than the city for purposes of removing graffiti, the city shall attempt to secure the consent of the property owner or responsible person and a release of the city from liability for damage to the property.

(2) Failure to Obtain Owner Consent. If a responsible party fails to remove the offending graffiti within the time specified in the notice, as hereinafter set forth, or if the city shall have requested consent to remove or paint over the offending graffiti, and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the provisions of this section, the city shall commence abatement.

(Ord. 608 § 1 (Exh. A), 1999; Ord. 826, 5/14/2024)

Any act of willful misconduct of a minor which results in the defacement of property of another with paint or similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, as provided in California Civil Code Section 1714.1(b), not to exceed twenty-five thousand dollars.

(Ord. 608 § 1 (Exh. A), 1999)

(a) Violation of this chapter shall be punishable as a misdemeanor.

(b) Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing a violation of any law or ordinance relating to graffiti shall be required, at the city’s option, to perform community service of not less than six hours, nor more than eighty hours.

(Ord. 608 § 1 (Exh. A), 1999)