Lake Forest Municipal Code Art. II Graffiti

Editor's note: Section 1 of Ord. No. 225, adopted Feb. 15, 2011, deleted Art. II §§ 6.14.101—6.14.106, in its entirety and restated Art. II to read as herein set out. Former Art. II pertained to the same subject matter and derived from Ord. No. 171, adopted 2007.

For the purposes of this chapter, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances, or any other method of applying any of these substances on public or private buildings, structures or any other place or property within the City.

(Ord. 225 § 1, 2011)

A. No person shall place graffiti upon any public or privately owned structure, building, or property, including natural and manmade objects within the City.

B. Declaration of nuisance. A violation of this chapter constitutes a public nuisance, and may be abated by any means authorized by law.

C. Violation of this chapter constitutes a misdemeanor, punishable in accordance with Section 1.01.200 et seq., of this Code.

(Ord. 225 § 1, 2011)

The following regulation shall apply to the sale and possession of pressurized paint cans in the City:

A. No person shall sell any pressurized can containing any substance commonly known as paint or dye to anyone under the age of 18 years and no person under the age of 18 years shall purchase any pressurized can containing paint or dye.

B. No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool, or recreational facility in the City. This section shall not apply to authorized employees of the City; or any individual or authorized employee of any individual, agency, public utility, or company under contract with the City; or any individual, authorized employee, or contractor of another governmental entity while in the performance of official duties for said governmental entity within the City.

(Ord. 225 § 1, 2011)

Pursuant to California Civil Code Section 1714.1(b) and Government Code Section 38772, each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the City, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the City in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed $37,000, or any future amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian pursuant to Section 6.14.012 of this chapter. The City is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the City from seeking full cost recovery as provided herein.

(Ord. 225 § 1, 2011)

Pursuant to Government Code Section 38772, any person who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the City, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the City in identifying and apprehending the person. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to Section 6.14.012 of this chapter. The City is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the City from seeking full cost recovery as provided herein.

(Ord. 225 § 1, 2011)

Liability of a minor or any other person for placement of graffiti may be determined by any confession or admission, or any guilty plea, nolo contendere plea, or conviction regarding any violation of the Penal Code relating to graffiti or any other federal, state or local graffiti law relating to graffiti.

(Ord. 225 § 1, 2011)

Graffiti may be removed by any of the following methods:

A. Any person who applies graffiti within the City shall have the duty to remove the same within 24 hours after notice by the City or the owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by anyone under the age of 18 years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment for removal.

B. The City Council authorizes the Director of Public Works or his or her designee to remove graffiti or other inscribed material from any and all structures and property owned or maintained by the City.

C. Whenever the Director of Public Works determines that graffiti is located on property within the City and is within view of the public or adjoining properties, the Director of Public Works or his or her designee is authorized to provide for the removal of the graffiti at the City's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, after securing consent from the property owner.

D. If the City is unable to obtain the property owner's consent to remove the graffiti pursuant to subsection C., above, the City may commence abatement and cost recovery proceedings pursuant to Sections 6.14.003 through 6.14.014 of this Code.

(Ord. 225 § 1, 2011)

Upon the entry of a second or subsequent civil or criminal judgment within a two year period finding an owner of property, minor or other person is responsible for a condition that may be abated in accordance with this chapter, the City may request the court order treble damages pursuant to Government Code Section 38773.7.

(Ord. 225 § 1, 2011)

Any person who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the City, shall be liable for a civil penalty not to exceed $1,000 for each violation. The civil penalty prescribed may be sought in addition to any other remedy. The City is authorized to seek recovery by any means authorized by law. The parent or legal guardian having custody and control of the minor offender shall be jointly and severally liable with the minor.

(Ord. 225 § 1, 2011)

The City Council may, by resolution, establish a reward for information leading to the identification, apprehension and conviction of any person who places graffiti upon any public or private property within the City. Said resolution may require that the convicted offender reimburse the City for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(Ord. 225 § 1, 2011)

The remedies provided in this chapter are intended to be cumulative. Nothing in this article shall be deemed to prevent the City from commencing a civil, criminal or administrative proceeding to abate a public nuisance or obtain cost recovery as provided herein, from pursuing any other means available to it under provisions of applicable ordinances or State law, or from correcting other hazards or deficiencies on real property in addition to or as alternatives to the proceedings herein set forth.

(Ord. 225 § 1, 2011)