La Palma Municipal Code Art. III Graffiti

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State Law reference— Authority of City to adopt ordinance regulating the sale of aerosol containers of paint or other liquid substances capable of defacing property and governing the placement of graffiti on public or private, real or personal property, Penal Code § 594.5.

(a) No person shall sell or direct the sale of any paint spray can to any person under the age of 18 years.

(b) The City Council hereby determines that this section is necessary for the preservation of the health, safety and welfare of the residents of the City, in that such section is necessary to restrict the use of paint spray cans in the City by persons under the age of 18 years. Paint spray cans have been used and are being used with increasing frequency by persons under the age of 18 years for the purpose of defacing block walls along public right-of-ways throughout the City. Such defacement constitutes blight and a public nuisance and the restoration of such defacement imposes an unnecessary and undue financial burden on the taxpayers of the City.

(Code 1975, § 18-7; Ord. No. 73-15, §§ 1, 2)

State Law reference— Similar provision, Penal Code § 594.1.

(a) Purpose. It is the purpose and intent of the City council through the adoption of the ordinance from which this article is derived, 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 the residents of La Palma, is beyond the cost of cleanup or removal. Not only is graffiti a property crime, but it is also a social crime on the quality of life and freedom from intimidation citizens deserve within their neighborhoods.

(b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aerosol paint container 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.

Etching cream means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.

Felt tip marker means any broad-tipped marker pen with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that 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 surface, regardless of the nature of the material of that structural component.

Graffiti implement means an aerosol paint container, a felt tip marker, gum label, or a paint stick, etching tool, or etching cream capable of scarring glass, metal, concrete or wood.

Gum label means any sheet of paper, fabric, plastic, or other substance with an adhesive back which, when placed on a surface, is not easily removable.

Paint stick orgraffiti stick means a 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 1/16 of an inch in width.

(Code 1975, § 18-7.1; Ord. No. 93-02, § 1)

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

(Code 1975, § 18-7.2; Ord. No. 93-02, § 1)

State Law reference— Vandalism, Penal Code § 594.

(a) It is unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement while upon public property, or upon private property, without the prior written 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 said school which has, as a written requirement of said class, the need to use any graffiti implement.

(Code 1975, § 18-7.3; Ord. No. 93-02, § 1)

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, or while loitering in or near any underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public, except as they may be used in planned, adult-supervised activities.

(Code 1975, § 18-7.4; Ord. No. 93-02, § 1)

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 exchanged, given, loaned, or otherwise furnished, any felt tip marker or graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.

(Code 1975, § 18-7.5; Ord. No. 93-02, § 1)

State Law reference— Similar provision, Penal Code § 594.1.

Any parent or legal guardian whose child under the age of 18 possesses a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorney's fees and court costs included in connection with the civil prosecution or any claim for damages.

(Code 1975, § 18-7.6; Ord. No. 93-02, § 1)

State Law reference— Similar provision, Government Code § 38772.

(a) Authorization to remove graffiti from both public and private property. Whenever the Community Services Director, or other person designated by the City Manager, determines that graffiti or other inscribed material is so located on public or privately-owned permanent structures on public or privately-owned real property within the City, so as to be capable of viewing by any person utilizing the public rights-of-way of this City or from rights-of-way owned by other public entities, the Community Services Director, or other person designated by the City Manager, is authorized to provide for the removal of such graffiti or other inscribed material, upon the following conditions:

(1) In removing graffiti or other inscribed material, the painting or repair of an area more extensive than is required for such removal shall not be authorized;

(2) Where a structure is owned by a public entity other than the City, absent exigent circumstances justifying immediate action, the removal of such graffiti or other inscribed material is authorized upon first requesting written consent of the public entity having jurisdiction with respect to such structure and such entity executes a release and waiver approved as to form and substance by the City Attorney, and the City obtains property owner consent to access any necessary non-City lands to conduct the graffiti removal; and

(3) Where a structure is owned by a private person or entity, absent exigent circumstances justifying immediate action, the removal of such graffiti or other inscribed material is authorized upon first requesting written consent of the owner thereof, and such owner executes a release and waiver approved as to form and substance by the City Attorney, and the City obtains property owner consent to access any necessary non-City lands to conduct the graffiti removal.

(b) Abatement. If a responsible party fails to remove the offending graffiti or inscribed material within a reasonable period provided by the City, or if the City shall have requested consent to remove or paint over the offending graffiti or inscribed material and the responsible party shall have refused consent for entry on terms acceptable to the City, the City may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of article IV of chapter 26 authorizing the abatement of public nuisances and recovery of all costs incurred by the City in abatement including the recordation of a lien or special assessment against the affected property for any unpaid costs.

(c) Civil remedies available. Nothing in this article shall preclude the abatement of graffiti by the City through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance.

(d) Criminal prosecution. Nothing in this article shall preclude the criminal prosecution of a violation of this article, which may be prosecuted as a misdemeanor, pursuant to section 2-322 of this Code.

(Code 1975, § 18-7.8; Ord. No. 93-02, § 1; Ord. No. 2007-03, § 1; Ord. No. 2022-09, § 3, 10-4-2022)

(a) Authorization. A reward in an amount established by resolution of the City Council may be authorized, offered and may be paid by the City to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who willfully or maliciously paints, marks, or defaces any public property within the City.

(b) Reward. The exact amount of any reward to be paid by the City shall be determined by the City Council after receipt of a report from the City Manager indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who willfully or maliciously painted, marred or defaced a structure located on public or private property located within the City, and indicating the final disposition of such matter. No law enforcement officer, municipal officer, official or employee of the City shall be eligible for such reward.

(c) Repayment by violators. Any person violating the provisions of sections this article shall pay the City the amount of any reward paid pursuant to this section, and if such person is an unemancipated minor, such minor's parents or guardian are so liable and shall pay the amount of any reward to the City. Failure to pay any amount demanded by the City pursuant to this section within 30 days of written demand therefor shall itself be a violation of the provisions of this section.

(Code 1975, § 18-7.9; Ord. No. 93-02, § 1)