Kingsburg Municipal Code Ch. 9.08 Graffiti

The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city; to provide for methods of controlling the sale to and the unauthorized use of aerosol paint containers and wide tipped marker pens by minors; and to encourage citizens to report occurrences of graffiti vandalism within the city.

Due to the increase of graffiti vandalism on both public and private property, a condition has arisen within the city which has resulted in a deterioration of property values and concern for the quality of life of the city's citizens. The city council finds and determines that graffiti constitutes a public nuisance which, left unabated, adversely affects the city's image, business development, retail sales, and residential housing costs. Allowing graffiti to remain on public or private property encourages additional unacceptable occurrences of graffiti, fuels fear among the community and is a factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of adjacent and surrounding properties. The purpose of this chapter is, therefore, to minimize the impact which graffiti has on the city's quality of life, economic stability, environmental image, aesthetic standard, and the overall sense of feeling of safety and security of its citizens. Because the existence of graffiti tends to breed community discontent and criminal and gang related activities, the ordinance will serve to mitigate these problems through quick removal and control of graffiti vandalism.

(Ord. 94-02 (part), 1994)

Graffiti is defined as, but not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, drawn or painted upon any public property or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure or any facility in public view to any person utilizing any public street in the city of Kingsburg, including but not limited to any roadway, parkway, sidewalk, or alley.

(Ord. 94-02 (part), 1994)

It shall be unlawful for any person to sell, offer to sell or cause to be sold, any aerosol or pressurized container of paint and/or any wide tipped marker pens exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult.

(Ord. 94-02 (part), 1994)

It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or on private property, without the consent of the owner, tenant or operator thereon, and who is not accompanied by a responsible adult, to: (1) possess an aerosol or pressurized container of paint; and/or (2) wide tipped marker pens with tips exceeding four millimeters in width which contain other than a solution which can be removed with water when dry.

(Ord. 94-02 (part), 1994)

Any person engaged in the retail sale of aerosol or pressurized containers of paint and/or wide tipped marker pens exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry, shall display at the location of said items a sign clearly visible and legible to employees and customers which states as follows:

"It is unlawful for any person to sell, lend or give to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, an aerosol or pressurized container of paint or wide tipped marker pens exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry."

(Ord. 94-02 (part), 1994)

A. General. Any person applying graffiti within the city shall have the duty to remove same in a manner approved by the city and the property owner within twenty-four (24) hours after notice by the city or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.

B. Public Property. Whenever the director of public works or his/her designate representative determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti may be authorized by the director of public works or his/her representative, and removal undertaken by city only after securing written consent of the public entity having jurisdiction over the property. The public entity shall execute a release and waiver as approved by the city's risk manager.

C. Notice of Affected Area—Requirement to Remove Graffiti. Where graffiti is located upon private property and said graffiti is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the city, it is the property owner's duty to remove said graffiti promptly from the property and to restore said property at least to the condition it was in prior to such act of vandalism. When graffiti removal solutions are not adequate to remove the graffiti and paint must be used, to the extent possible, the same color paint shall be used as the original paint on the property involved. When paint is used to cover graffiti, a block or area must be painted rather than painting over the graffiti lettering only. If the property owner fails to promptly remove the graffiti, the city shall cause a written notice to be served upon the owner of the affected property notifying the owner of the location and description of the graffiti and of the property owner's obligation to remove said graffiti. It shall be the responsibility of the property owner to commence removal of the graffiti described in the notice within fifteen (15) days of service or personal delivery of the notice, and to diligently and promptly pursue total removal of said graffiti; provided that an exception may exist in cases of undue hardship as established pursuant to Section 9.08.060(D). The service is complete at the time of deposit of the notice in the U. S. mail or by personal delivery of the notice to the owner of the property subject to removal of graffiti. The failure of any person to receive such notice shall not affect the validity of any proceeding.

D. Undue Hardship—Optional Procedure for Removal. In the event the property owner cannot comply with the requirement of Section 9.08.060(C) of this chapter due to hardship, the property owner shall file a written request for waiver of the removal requirement with the city public works director. The property owner shall explain his/her reason(s) for making such request. The written request shall be filed within the fifteen (15) day removal period stated in Section 9.08.060(C). In determining whether the request for waiver will be granted, and subsequent assistance provided to the property owner in removal of said graffiti, the city shall consider the following circumstances:

1. The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property;

2. The ability of the owner to pay for such removal;

3. Whether or not the property has been the target of previous incidents of graffiti or whether a pattern of vandalism to such property exists. The decision of the city in the form of a written response by the public works director, as to whether or not to grant the waiver, shall be final.

E. City's Release From Liability. A written request to waive the requirements of Section 9.08.060(C) shall be accompanied by a "Release from Liability" form signed by the property owner which shall release the city and its authorized agents from any and all liability that may be caused or attributed to removal of graffiti from the owner's premises by persons acting under the authorization of the city.

F. Approval for City to Remove Graffiti. A written request to waive the requirements of Section 9.08.060(C) accompanied by a signed release from liability form shall constitute an express approval by the property owner that the city or its authorized representatives may provide for the removal of the graffiti on owner's property by persons acting under the authorization of the city.

G. Failure to Remove Graffiti or Seek Waiver of Removal. In the event the owner fails to remove graffiti from his/her property after he/she fails to request a waiver of such removal, or such waiver has been denied, the city may declare the property a public nuisance and the city may take any of the following courses of action:

1. City may direct the removal of graffiti from the property with the cost of work performed billed to the property owner who may select the option of direct payment of costs. Failure to make direct payment for the abatement of graffiti shall constitute a special assessment against the respective lot or parcel plat to which it relates. The assessment may 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. Upon completion of the graffiti abatement work, the public works director shall cause to be recorded in the office of the recorder of Fresno County, a notice of completion of graffiti abatement proceedings against a particular parcel involved. The notice of completion of graffiti abatement proceedings shall have the effect when recorded of conclusively establishing that graffiti abatement proceedings have been completed and that all necessary charges incurred on account thereof by the city are due and owing and constitute a special assessment against the subject real property. This notice shall specify the name for the current owner of the parcel as shown on the last equalized assessment rolls of the County of Fresno and the Fresno County Assessor's Parcel Number for the parcel involved.

(Ord. 94-02 (part), 1994)

A property owner shall have fifteen (15) days from the date of mailing by the city of the bill for the cost of removal of graffiti from the owner's property to file an appeal. Said appeal must be submitted in writing to the city clerk. Upon receipt of the written appeal, the city clerk shall schedule a hearing before the city council. The public works director shall be so notified and shall submit a written report to the city council, with a copy to the appealing party, setting forth justifications for the description of the work done and the cost thereof. The city clerk shall notify the party appealing of the date and time of the hearing before the city council, at least ten (10) days in advance of such hearing. At the time and place of such hearing, the public works director shall present his/her report and the appealing party shall present any and all information in opposition to the calculation of the cost of removal. At the conclusion of the hearing, the city council shall determine what cost, of any, is to be imposed upon the appealing party.

(Ord. 94-02 (part), 1994)

Any individual who is found guilty of violating Section 9.08.090(A) of this chapter shall pay restitution to the property owner, in addition to authorized penalties. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his/her payment under the direction of at least one parent by removing any graffiti.

(Ord. 94-02 (part), 1994)

A. It shall be unlawful to apply graffiti on any premises as described herein. Notwithstanding the classification of a violation of the chapter as a misdemeanor, at the time an action is commenced to enforce the provision of this section, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

B. It shall be unlawful and an infraction for a minor to possess any aerosol paint container or wide tipped marker pen as described herein in violation of Section 9.08.040.

C. Any person convicted of a misdemeanor under this chapter shall be punished by: (1) a fine not exceeding five hundred dollars ($500.00) and/or thirty (30) days in the County Jail for a first violation; (2) a fine not exceeding one thousand dollars ($1000.00) and/or ninety (90) days in the County Jail for a second violation of this chapter within one year; and (3) a fine not exceeding one thousand dollars ($1000.00) and/or six months in the County Jail for each additional violation of the chapter within one year.

D. Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense.

(Ord. 94-02 (part), 1994)

Nothing in the foregoing sections shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

(Ord. 94-02 (part), 1994)

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this section form an interrelated program for dealing with the problem of graffiti and vandalism within the city, but that such subsections, paragraphs, sentences, clauses and phrases are distinct and severable and, 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 section.

(Ord. 94-02 (part), 1994)