Maywood Municipal Code Ch. 34 Prohibiting and Regulating the Removal of Graffiti

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Editor's note— Ord. No. 07-02, §§ 1—15, adopted Sept. 25, 2007, deleted Ch. 34 in its entirety and enacted a new Ch. 34 to read as set out herein. Former Ch. 34 pertained to similar subject matter and derived from Ord. 93-403, § 1, eff. Aug. 12, 1993; Ord. 99-455, §§ 1—15, eff. Mar. 11, 1999.

The purpose and intent of this section is to provide the additional enforcement tools necessary to assist in the protection of public and private property from acts of defacement and vandalism caused by graffiti in order to reduce the blight and deterioration of property values in the City of Maywood.

The City finds and determines as follows:

1. Graffiti on structures located upon public and private property is a blighting factor which depreciates the value of the property and also devalues the adjacent and surrounding properties in the community; and

2. It is the City's intent to prohibit the placement of graffiti on structures located on both public and private property; and

3. Government Code Section 53069.3 provides that a City may enact an ordinance authorizing the use of City funds to remove the graffiti or other material from public or privately owned permanent structures if the City finds the graffiti or other inscribed material is obnoxious; and

4. The City Council hereby finds that graffiti or related inscribed materials are obnoxious as herein discussed and authorizes the establishment of a program to allow the use of City funds to remove graffiti from structures of public and private property; and

5. Government Code Section 53069.5 provides that a City may offer and pay a reward for information leading to the determination of the identity of, and the apprehension of, any person who willfully damages or destroys any property.

(Ord. No. 07-02, § 1, 9-25-2007)

For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them in this section:

A. 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 substances capable of defacing property.

B. Etching tool or scribe means any sharp or pointed instrument that is comprised of hardened steel, carbide or stainless steel which is capable of etching or marking glass, plastic, wood, metal or concrete surfaces. This definition includes, but is not limited to, picks, scribes, awls, markers and etchers.

C. Felt tip marker means any indelible marker or similar implement with a tip which at its broadest width is greater than one-eighth (1/8th) inch, containing an ink which is not water soluble.

D. Graffiti means the unauthorized etching, inscribing, spraying of paint, or marking symbols using paint, spray paint, ink, chalk, dye, etching tools or similar materials on public or private structures, buildings or places.

E. Graffiti implement means any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters, or etching tools, or other implements capable of scarring glass, plastic, wood, metal or concrete.

F. Obnoxious graffiti means graffiti which has any of the following characteristics:

1. Insults or incites hatred or contempt of any person or group on the basis of ethnic origin, gender, race, or religious affiliation;

2. Refers to the name of a gang or includes words or symbols associated with a gang or individual gang member;

3. Refers to the name or identity of an individual tagger or members of a tagging group or organization;

4. Insults or threatens any identifiable individual or group;

5. Includes obscene or indecent language or depictions;

6. Promotes criminal activity or promotes retaliatory action by an individual(s);

7. Tends to attract more graffiti;

8. Constitutes an aesthetic blight or eyesore to a neighborhood.

G. Paint stick or graffiti stick means any 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 one-eighth (1/8th) inch in width, visible from a distance of twenty (20) feet and not water soluble.

H. Spray actuator (also known as a spray tip, nozzle or button) means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.

(Ord. No. 07-02, § 2, 9-25-2007)

It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, permanent structures, or places located on public or privately owned property within the City.

(Ord. No. 07-02, § 3, 9-25-2007)

It shall be unlawful, and a misdemeanor, for any person to possess any graffiti implement, as defined in Section 5-34.02 of this chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such [property] owner's representative; provided, however, that nothing in this Section shall be construed to permit or prohibit conduct which is prohibited by Penal Code Section 594.1.

(Ord. No. 07-02, § 4, 9-25-2007)

A. It shall be unlawful, and a misdemeanor, for any person under the age of eighteen (18) years to possess any graffiti implement, as defined in Section 2 of this chapter, while upon public property, or upon private property, without the prior written consent of the owner of such property.

B. The foregoing provision shall not apply to a minor who is attending or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at the school that has, as a written requirement of the class, the need to use any graffiti implement. For purposes of this section, graffiti implement shall not include a transparent implement used to highlight reading material or an implement that can be dry erased.

(Ord. No. 07-02, § 5, 9-25-2007)

It shall be unlawful, and a misdemeanor, for any person to possess any spray actuator, as defined in Section 5-34.02, for the purposes of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative.

(Ord. No. 07-02, § 6, 9-25-2007)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such containers or pens. It is the intent of this section to permit, but not to require, viewability of aerosol paint containers and felt-tip marker or marking pens while they are stored or displayed pending retail sale.

(Ord. No. 07-02, § 7, 9-25-2007)

It shall be unlawful for the owner of any private property to permit graffiti or other inscribed materials to remain on structures so as to be capable of being viewed by a person utilizing any public right-of-way in the City, such as a highway, street, road, parkway or alley, providing the City has given written notice to the owner or occupant requiring removal of the graffiti within a period of not less than three (3) calendar days and such time period has elapsed without remedial action.

(Ord. No. 07-02, § 8, 9-25-2007)

It shall be unlawful for the owner of any utility box, pole, or other appurtenances on any City property to permit graffiti to remain on such structures for a period of more than two (2) business days when such graffiti is capable of being viewed by a person utilizing any public right-of-way in the City, such as a highway, street, sidewalk, road, parkway or alley. The two (2) business days shall run from the time the City has given written or telephonic notice to the owner of such structure. All persons possessing such structures shall provide the City with an address and telephone number the City can utilize to provide such notification. If the graffiti is not removed within the applicable two business days, the City may summarily remove the graffiti.

In addition to penalties provided under this Ordinance, the owner of the structure shall reimburse the City for its cost of removal, including any costs associated with notification. The City shall provide the owner of the structure with an invoice for the costs. If the owner of the structure desires to dispute either the imposition or the amount of the invoice, then such owner shall notify the Public Works Director in writing of a request for the hearing within ten City business days of the mailing of the invoice. The invoice shall notify the owner of the address at which to request an appeal as well as the timeframe for making such a request. Failure to request an appeal within the time frame provided by this section shall be deemed as a waiver of any right to contest the imposition or the amount of the invoice. If an appeal is requested, a hearing shall be held in the manner set forth in Section 1-4.01 of the Maywood Municipal Code. The hearing officer shall determine whether or not the imposition and amount of the invoice were appropriate under this section.

This section shall not be enforced against an entity or person that has submitted a voluntary pro-active graffiti removal program which has been approved by the Public Works Director and which such person or entity is in compliance as determined by the Public Works Director.

(Ord. No. 07-02, § 9, 9-25-2007)

Notwithstanding any other provisions of the Maywood Municipal Code, when the Director of Community Services determines that graffiti or other inscribed material constitutes obnoxious graffiti and by virtue of its location on public or private property is in view of a person utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the City shall be authorized to undertake the removal of such graffiti.

(Ord. No. 07-02, § 10, 9-25-2007)

Whenever graffiti has been removed from public or private property at the expense of the City of Maywood, each person who placed any of the graffiti and the custodial parents or guardians of any minor who placed any of the graffiti (hereinafter collectively the "responsible persons") shall be legally responsible to reimburse the City of Maywood for all costs of removal. Upon the determination of the costs of removal, the Finance Director is hereby authorized and directed to invoice the aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally owed to the City by such responsible persons.

(Ord. No. 07-02, § 11, 9-25-2007)

In addition to other penalties under state law which may be applicable, any violation of this chapter shall be a misdemeanor offense punishable by either six (6) months in jail, a one thousand dollar ($1,000.00) fine, or both such fine and imprisonment.

(Ord. No. 07-02, § 12, 9-25-2007)

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 which leads to the determination of the identity of, and the apprehension and conviction of, any person who willfully or maliciously paints, mars, or defaces any public or private structure located on private or public property within the City.

No law enforcement officer, municipal officer, official or employee of the City shall be eligible for such reward. In the event of damage to public property the person committing the graffiti and, if that person is an unemancipated minor, then the custodial parent of said minor, shall be liable to reimburse the City for any rewards paid pursuant to this section.

(Ord. No. 07-02, § 13, 9-25-2007)

The City is authorized to expend City funds to remove graffiti from public or privately owned structures located on public or privately owned real property within the City. Such expenditures shall be limited to the removal of graffiti and not the painting or repair of a more extensive area. Expenditure of City funds to remove graffiti from private property shall be conditioned on the consent of the private property owner to pay the actual, reasonable cost of removal.

(Ord. No. 07-02, § 14, 9-25-2007)

Any provision of this chapter notwithstanding, any act deemed unlawful hereunder may also be punishable under any other appropriate law of the State of California or ordinance of the City.

(Ord. No. 07-02, § 15, 9-25-2007)