Mendota Municipal Code Ch. 9.12 Graffiti

A. Section 53069.3 of the California Government Code authorizes cities and counties to provide for the removal of graffiti and other inscribed material from public and privately owned permanent structures located on public or privately owned real property within such city or county. The Mendota city council finds that graffiti on public and privately owned property is obnoxious in that it furthers blight, encourages acts of vandalism and depreciates the value of surrounding properties.

B. The council further finds and determines that unless graffiti is quickly removed, other properties soon become the target of graffiti. The existence of graffiti tends to breed community discontent and contempt for law. The defacement of property with graffiti is most often committed by persons under the age of eighteen (18) years using aerosol or pressurized containers and indelible markers and pens.

C. Section 594.5 of the California Penal Code authorizes cities to adopt additional restrictions on the sale of aerosol containers.

(Ord. 94-04 § 1, 1994; Ord. 93-04 § 1 (part), 1993: prior code § 7.13.001)

For purposes of this chapter, the following words and terms are defined as follows:

"Defacement" means the intentional altering of the physical shape or appearance of property without the consent of the owner.

"Graffiti" means any form of unauthorized painting, writing, design, figure or inscription that is marked, etched, scratched, drawn or painted on any surface, regardless of the content or nature of the material used in making the unauthorized marking.

"Graffiti implement" means an aerosol paint container, a felt tip marker, a paint stick or instrument described in California Penal Code Section 594.2.

"Indelible marker" means any marker, pen or similar implement containing a fluid which is not soluble in water and having a flat, pointed or angled writing surface of a width of one-half inch or greater.

"Responsible adult" means the parent or legal guardian of a minor under the age of eighteen (18) years.

(Ord. 94-04 § 2, 1994; Ord. 93-04 § 1 (part), 1993: prior code § 7.13.002)

The city council determines graffiti to be a nuisance for the reasons set forth in this chapter, and provides that graffiti may be abated in accordance with Section 38773.5 of the Government Code. Abatement procedures shall be the same as those set forth for the abatement of public nuisances, as specified in Chapter 8.28 of this code.

(Ord. 94-04 § 7, 1994: Ord. 93-04 § 1 (part), 1993: prior code § 7.13.007)

(Ord. No. 12-04, § 1, 3-27-2012)

It is unlawful for any person to apply graffiti upon any wall, street, sidewalk, bridge, building, fence, gate, structure or other facility in the city.

(Ord. 94-04 § 3, 1994; Ord. 93-04 § 1 (part), 1993: prior code § 7.13.003)

A. It is unlawful for any person to possess a graffiti implement with the intent to deface property or for the purpose of defacing property while on any public highway, street, alley or way or other public place, or while on private property without the consent of the owner of such property. Such consent must have been given in advance and must authorize the person's presence while possessing a graffiti implement.

B. A person's failure to provide a legitimate reason for possessing a graffiti implement when questioned by a law enforcement officer shall be evidence of intent to deface property.

(Ord. 94-04 § 5, 1994: Ord. 93-04 § 1 (part), 1993: prior code § 7.13.005)

No person shall sell, offer to sell, cause to be sold, give or lend any aerosol paint container or graffiti implement to any person under the age of eighteen (18) years, not accompanied by a parent or adult guardian.

(Ord. 94-04 § 4, 1994: Ord. 93-04 § 1 (part), 1993: prior code § 7.13.004)

City may pay to any person, who provides information which leads to the arrest and conviction of a person who applied graffiti in the city, a reward, in the amount established by city council resolution.

(Ord. 94-04 § 8, 1994: Ord. 93-04 § 1 (part), 1993: prior code § 7.13.008)

This chapter is not intended to conflict with California law, and shall be construed so as to avoid conflict with or preemption by California law. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, and to this end the provisions of this chapter are severable. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 94-04 § 9, 1994: prior code § 7.13.009)

A. Any person violating any provision of this chapter shall be guilty of a misdemeanor. In addition to other penalties prescribed for misdemeanors by the laws of the state of California, or as a condition for probation for any violation of this chapter, the court may order a defendant convicted of a violation of this chapter to perform community service as follows:

1. For a first conviction under this chapter, community service not to exceed one hundred (100) hours over a period not to exceed ninety (90) days during a time other than his or her hours of school attendance;

2. If the person has a prior conviction under this chapter, community service not to exceed two hundred (200) hours over a period not to exceed one hundred eighty (180) days during a time other than during his or her hours of school attendance;

B. If a minor is ordered to perform community service, at least one of the minor's parent or guardian shall be present with the minor for at least one-half of the time spent performing community service. The court may waive all or part of the parent's or guardian's attendance upon the finding of good cause.

(Ord. 96-01 § 1, 1996: Ord. 94-04 § 10, 1994: prior code § 7.13.010)

Any minor who is in violation of this chapter or California Penal Code Section 594, and which causes damage to personal or real property of others, not in excess of ten thousand dollars ($10,000.00), shall cause the parent or guardian having custody and control of this minor to be jointly and severally liable with the minor for any damage resulting from such misconduct, including but not limited to, attorney's fees, court costs and costs expended to remove or otherwise abate such graffiti damage. The city manager shall have the authority to seek reimbursement for the city's cost of removal and abatement pursuant to California Civil Code Section 1714.1(b).

(Ord. 96-01 § 2, 1996)