Lodi Municipal Code Ch. 9.28 Graffiti Abatement

The city council finds that graffiti on public and private property contributes to the creation of blight, negatively affects the value of surrounding property, visually detracts from neighborhoods and generally lowers the quality of life in the city. The council further finds that graffiti is often related to the activities or territories of street gangs and its presence encourages proliferation of additional graffiti unless abated promptly. To promote the health, safety and welfare of the public, the ordinance codified in this chapter is adopted to alleviate vandalism and halt the spread of such nuisances.

(Ord. 1502 § 1 (part), 1990)

A. "Graffiti" means the unauthorized placing upon any public or private building, fence, structure or other property of any message, words, letters, pictures, symbols or other marking by scratching, carving, the spraying of paint, or the use of chalk, dye or other similar substance.

B. "Responsible party" means the owner, manager or person in lawful possession of property upon which graffiti has been placed.

C. "Unauthorized" means without the explicit consent of the owner or person in possession of or responsible party for the affected private property or the public official responsible for public property, to any act described in this chapter.

(Ord. 1502 § 1 (part), 1990)

It is unlawful for any person to scratch, carve, paint, chalk or otherwise apply any unauthorized graffiti on any public or privately-owned building, fence, structure or other property.

(Ord. 1502 § 1 (part), 1990)

When graffiti or other inscribed material is capable of being viewed from a public right-of-way or any place the public has a right to be, and the responsible party consents thereto or requests the cooperation of the city, the public works director may provide for the removal of such graffiti. If the director provides for such removal, he or she shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that necessary to cover the graffiti. Prior to graffiti abatement by the public works department, the responsible party shall be required to execute a written release, holding the city harmless and acknowledging that the covering paint may not match the color of the structure upon which it is placed.

(Ord. 1502 § 1 (part), 1990)

It is unlawful in the city for any person to sell, give, loan, exchange, or cause or permit to be sold, given, loaned or exchanged any pressurized can(s) containing any substance commonly known as paint or dye to any person under the age of eighteen years, unless such person is the parent or legal guardian of such minor. No person under the age of eighteen years shall purchase any pressurized can(s) containing paint or dye.

(Ord. 1502 § 1 (part), 1990)

No person shall have in his or her possession any pressurized can(s) containing paint or dye while in any city-owned public park, square, playground, swimming pool or recreational facility of the city.

(Ord. 1502 § 1 (part), 1990)

The provisions of this chapter regulating the sale, furnishing or possession of spray paint shall not apply to:

A. Authorized employees of the city of Lodi;

B. Persons or firms under contract with the city while engaged in authorized activities under such contract;

C. Employees or agents of a firm or business utilizing such items in the normal course of business, while actually engaged in such employment activities.

(Ord. 1502 § 1 (part), 1990)

A violation of this chapter shall be an infraction, punishable by a fine not exceeding five hundred dollars.

(Ord. 1502 § 1 (part), 1990)