Monrovia Municipal Code Ch. 9.62 Graffiti Prevention

For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

BROAD-TIPPED MARKER. An indelible marker with a tip that exceeds four millimeters in width.

GRAFFITI. Any unauthorized painting, marking, symbol, design, inscription or other defacement that is written, drawn, sprayed, painted, marked, etched, scratched, engraved with any paint, aerosol paint, indelible marker, chalk, ink, dye or other substance capable of defacing property.

INDELIBLE MARKER. Any marker, pen or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled writing surface.

RESPONSIBLE ADULT. A parent or guardian of an individual under 18 years of age. A RESPONSIBLE ADULT also includes an agent of the parent of guardian, provided said agent is over the age of 18.

(`83 Code, § 9.62.010) (Ord. 93-07 § 1 (part), 1993)

It shall be unlawful for any individual to sell, offer to sell or cause to be sold, any broad tipped marker to any person under the age of 18 years who is not accompanied by a parent or guardian.

(`83 Code, § 9.62.020) (Ord. 93-07 § 1 (part), 1993)

It is unlawful for any individual under the age of 18 years, who is in a public place or upon private property, without the consent of the owner, tenant or operator thereof, and who is not accompanied by a responsible adults to possess a broad-tipped marker.

(`83 Code, § 9.62.030) (Ord. 93-07 § 1 (part), 1993)

Any person engaged in the retail sale of broad-tipped markers must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows:

“Graffiti vandalism is a crime and blight on our community. Any person who maliciously defaces real or personal property with paint, dye or ink is guilty of vandalism which is punishable by a fine, imprisonment, or both. It is unlawful to sell a broad-tipped marker to any person under the age of 18 years who is not accompanied by a parent or guardian.”

The letters shall be at least 3/8-inch in height.

(`83 Code, § 9.62.040) (Ord. 93-07 § 1 (part), 1993)

Any business or establishment offering for sale to the public any aerosol or pressurized containers of paint and/or broad-tipped markers shall keep, store and maintain such aerosol spray paint cans or pressurized containers and broad-tipped markers in a place that is either: locked and secured; or within 15 feet of the cash register/clerk's counter and in direct unobstructed view of the clerk while standing at the cash register; or otherwise inaccessible to the public without employee assistance.

(`83 Code, § 9.62.050) (Ord. 93-07 § 1 (part), 1993)

Pursuant to Cal. Civil Code § 1714.1(b), every parent or legal guardian having custody or control of a minor who defaces property by applying graffiti shall be jointly and severally liable with such minor for any damage resulting from the application of the graffiti in an amount not to exceed $10,000. Such damages may include restitution to the property owner.

(`83 Code, § 9.62.060) (Ord. 93-07 § 1 (part), 1993)

The existence of graffiti that may be seen from the public right-of-way is expressly declared to be a public nuisance.

(`83 Code, § 9.62.070) (Ord. 93-07 § 1 (part), 1993)