McFarland Municipal Code Ch. 9.12 Graffiti Prohibited

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property but also the value of the adjacent and surrounding area, and the general morale of the local citizens; therefore, it is the intent of the city council to provide for the prohibition of the placement of graffiti on public and private property and for the removal thereof.

(Ord. 257 §1(part), 1993)

"Graffiti," as used in this chapter, means the unauthorized inscribing, spraying of paint, dye or any marking substance, or the marking of ink, chalk, dye or similar substances on public or private fences, buildings, structures and places within the city.

(Ord. 257 §1(part), 1993)

It is unlawful for any person under twenty-one years of age to possess any aerosol container of paint, dye or any other marking substance in any public place within the city regardless of whether that person is or is not in any vehicle or other means of conveyance, other than in the course of one's employment or during an adult-supervised school project.

(Ord. 257 §1(part), 1993)

It is unlawful for any person to apply graffiti on public or private fences, buildings, structures and/or places within the city.

(Ord. 257 §1(part), 1993)

A. Within the limits set forth in this section, city funds may be used to remove graffiti and other similar inscribed material from publicly or privately owned structures located on publicly or privately owned real property within the city. The city will first seek to obtain the written consent of the owner of the affected property in order to enter upon the property to remove graffiti located thereon. The consent shall be in a form approved by the city attorney and shall:

1. Authorize entry of city employees or contractors on the affected property to accomplish the removal of the material;

2. Assign to the city any cause or causes of action which the owner may have against any person or persons who defaced the property; and

3. Hold the city, its officers, council members, commissioners, employees, and contractors harmless from all liability arising out of the entry on the property in order to perform the work of removing the material.

B. If the city is unable to secure entry upon the affected property for the purpose of the removal of the graffiti, or if the city shall have requested consent to remove or paint over graffiti and the property owner shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance abatement authority set forth in McFarland Municipal Code Chapter 8.24, which authority includes the recovery of all costs incurred by the city in abating graffiti and recordation of lien as to affected property as provided for in Government Code Section 38773 et seq.

C. Pursuant to California Civil Code Section 1714.1, each parent or legal guardian shall be personally liable for any and all costs incurred by the city or any person or business in connection with the removal of graffiti caused by that parent or guardian's minor child, and for all law enforcement costs, city staff costs, attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement up to the limits set in California Civil Code Section 1714.1(b).

D. Any individual who is determined to be responsible for violating the provisions of this chapter shall be personally liable for any and all costs incurred by the city or any person or business in the connection with the removal of graffiti caused by that person, and for all law enforcement costs, city staff costs, attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement.

E. In addition to civil restitution remedies, the city may pursue criminal charges for violators of this chapter as set forth in Penal Code Section 594 or 640.6.

F. In addition to the remedies described in subsections B, C, D, and E of this section, the city may also seek recovery for any and all costs incurred by the city for removal of graffiti pursuant to the remedies set forth in Government Code Sections 38772, 38773.2, and 38773.6. The procedures for recovery of costs under this particular paragraph shall be those set forth in Chapter 8.24 of the McFarland Municipal Code.

(Ord. 257 §1(part), 1993)

(Ord. No. 319-2007, § 1, 7-12-07)

Any person convicted of violating the provisions of Section 9.12.030 or 9.12.040 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Section 1.20.010 and supplemented by Chapter 1.16 of the McFarland Municipal Code.

(Ord. 257 §1(part), 1993)

Editor's note— Ord. No. 319-2007, § 1, adopted July 12, 2007, repealed § 9.12.070, which pertained to violation—penalty—infraction and derived from Ord. No. 257, 1993.

Editor's note— Ord. No. 319-2007, § 1, adopted July 12, 2007, repealed § 9.12.080, which pertained to violation—penalty—civil and derived from Ord. No. 257, 1993.