Montebello Municipal Code Ch. 9.24 Graffiti

Footnotes:

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Editor's note— Ord. No. 2365, § 7, adopted Jan. 28, 2015, amended ch. 9.24 in its entirety to read as herein set out. Former ch. 9.24, §§ 9.24.010—9.24.090, pertained to similar subject matter, and derived from prior code §§ 4475—4483; Ord. 2082, §§ 2—10, adopted 1993; and Ord. 2227, § 1, adopted 2001.

As used in this chapter:

"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 substance capable of defacing property.

"Etching tool" means an instrument, tool or device designed or commonly used for marking, cutting or defacing glass, and includes devices designed for marking surfaces and capable of marking glass.

"Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing ink that is not water soluble.

"Graffiti" means and includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any real or personal property.

"Graffiti implement" means an aerosol paint container, a felt tip marker, an etching tool or a graffiti stick.

"Graffiti stick" means a 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 of an inch in width and not water soluble.

(Ord. No. 2365, § 7, 1-28-2015)

A. No person shall place graffiti on any public or privately owned property, including natural and manmade objects, within the city.

B. Pursuant to Government Code section 38772, any person who places graffiti on any public or privately owned property, including natural and manmade objects within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to Chapter 8.16 of this code. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.

(Ord. No. 2365, § 7, 1-28-2015)

A. It is unlawful for any person who is less than eighteen years of age to have in his or her possession any graffiti implement except for the minor's use under the supervision of the minor's parent, guardian, instructor or employer.

B. It is unlawful for any person to have in his or her possession any graffiti implement while upon any property of the city of Montebello other than public highways, streets, alleys or ways, except as may be authorized by the city.

C. It is unlawful for any person to have in his or her possession any graffiti implement while upon any private property, except as may be authorized by the owner.

(Ord. No. 2365, § 7, 1-28-2015)

It is unlawful for any person, firm or corporation to sell, give, exchange or in any way furnish any felt tip marker, etching tool or graffiti stick to any person who is less than eighteen years of age.

(Ord. No. 2365, § 7, 1-28-2015)

It is unlawful for any person, firm or corporation that offers to the public any graffiti implement to fail to post in a conspicuous location, a sign containing the following language in letters at least one-half inch in height:

IT IS UNLAWFUL FOR A MINOR TO BUY OR BE SOLD SPRAY PAINT, PAINT STICKS, ETCHING TOOL OR MARKERS ONE-EIGHTH OF AN INCH OR WIDER.

(Ord. No. 2365, § 7, 1-28-2015)

It is unlawful for any person, firm or corporation that offers to the public any graffiti implement for sale to fail to store or cause to be stored any graffiti implements in such a manner as to be accessible to the public without employee assistance.

(Ord. No. 2365, § 7, 1-28-2015)

Pursuant to California Civil Code Section 1714.1(b) and Government Code Section 38772, any parent or legal guardian having custody or control of a minor who places graffiti on any public or privately owned property within the city shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including but not limited to: all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement and law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.

(Ord. No. 2365, § 7, 1-28-2015)

Liability of a minor or any other person for placement of graffiti may be determined by any confession or admission, or any guilty plea, nolo contendere plea, or conviction regarding any violation of the Penal Code relating to graffiti or any other federal, state or local graffiti law relating to graffiti.

A. The city shall pay a reward in an amount established by resolution for information leading to the arrest and conviction or plea of guilty of any person for violation of Section 594 (by the use of graffiti) or Section 640.5 of the California Penal Code, or Section 9.24.020 of this code.

B. No employee or official of the city shall be eligible for a reward pursuant to this section.

C. Claims for rewards under this section shall be in writing and filed with the city. Each claim shall:

1. Specifically identify the date, location, and kind of property defaced;

2. Identify by name the person who was convicted, or pled guilty to the defacement;

3. Identify the court and the date the conviction or plea occurred;

D. The person committing the graffiti and, if an unemancipated minor, then the custodial parent or parents or the minor shall be liable for the amount of any reward paid pursuant to this section.

(Ord. No. 2365, § 7, 1-28-2015)

Graffiti may be removed by any of the following methods:

A. Any person who applies graffiti within the city shall have the duty to remove the same within twenty-four hours after notice by the city or the owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by anyone under the age of eighteen years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment for removal.

B. The city manager or designee is authorized to remove graffiti or other inscribed material from any and all structures and property owned or maintained by the city.

C. Whenever the city manager or designee determines that graffiti is located on property within the city and is within view of the public or adjoining properties, he or she is authorized to provide for the removal of the graffiti at the city's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, after securing consent from the property owner.

D. If the city is unable to obtain the property owner's consent to remove the graffiti pursuant to subsection C., above, the city may commence abatement and cost recovery proceedings pursuant to chapter 8.16 of this code.

(Ord. No. 2365, § 7, 1-28-2015)

Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding an owner of property, minor or other person is responsible for a condition that may be abated in accordance with this chapter, the city may request the court order treble damages pursuant to Government Code Section 38773.7.

(Ord. No. 2365, § 7, 1-28-2015)

Any person who places graffiti on any public or privately owned property, including natural and manmade objects within the city, shall be liable for a civil penalty not to exceed one thousand dollars for each violation. The civil penalty prescribed may be sought in addition to any other remedy. The city is authorized to seek recovery by any means authorized by law. The parent or legal guardian having custody and control of the minor offender shall be jointly and severally liable with the minor.

(Ord. No. 2365, § 7, 1-28-2015)

The city council may, by resolution, establish a reward for information leading to the identification, apprehension and conviction of any person who places graffiti upon any public or private property within the city. Said resolution may require that the convicted offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(Ord. No. 2365, § 7, 1-28-2015)

The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the city from commencing a civil, criminal or administrative proceeding to abate a public nuisance or obtain cost recovery as provided herein, from pursuing any other means available to it under provisions of applicable ordinances or state law, in addition to or as alternatives to the proceedings set forth herein.

(Ord. No. 2365, § 7, 1-28-2015)