Article II — Graffiti[3 ]

§ 19-41. Definitions. [Ord. No. 1018, § 2; Ord. No. 1172, § 1.]

• (a) GRAFFITI — As used in this section, "graffiti" includes any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or, on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the Council to be a public nuisance.

• (b) 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.

• (c) 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 an ink that is not water-soluble.

• (d) PAINT STICK — Means a device containing any 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, visible from a distance of twenty feet, and not watersoluble.

• (e) PROPERTY — Means, publicly or privately owned lands, building, fences, parks, dwellings, within the City limits.

• (f) RESPONSIBLE PARTY — Means the owner of the property or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property.

§ 19-42. Purpose and intent. [Ord. No. 1018, § 2.]

It is the purpose and intent of the City Council of the City, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and value of private property owners as well as the total community. It is further the intent of the City Council, through the adoption of this notice upon all of those who callously disregard the property rights of others, that the law enforcement agency of the City, the police department, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties including, but not limited to, requesting the juvenile court system to impose drivers license suspension on repeat offenders.

§ 19-43. Anti-vandalism provisions. [Ord. No. 1018, § 2.]

• (a) Unlawful to apply graffiti. It shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the City.

• (b) Possession by minors. It shall be unlawful for any person under the age of eighteen years to have in his or her possession any graffiti implement, as defined in § 19-41 Subsections (b), (c) and (d), while upon public property or upon private property without the consent of the owner of such private property whose consent is given in advance and whose consent shall be given as to the person's

3. Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 969.

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presence while in the possession of a graffiti implement.

• (c) Possession in designated public places. No person shall have in his or her possession any graffiti implement while doing any activity in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public except as may be authorized by the City.

§ 19-44. Punishment provisions. [Ord. No. 1018, § 2.]

• (a) Mandatory juvenile delinquent community service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section602 as a result of committing an offense in the City shall be required, at the City's option, to perform thirty-two hours of community service, eight which must be served with a parent or legal guardian.

• (b) Penalties for violation. Any and all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney.

§ 19-45. Detection provisions – reward authority. [Ord. No. 1018, § 2.]

Pursuant to Section 53069.5 of the Government Code, the City does hereby offer a reward of one hundred dollars for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the use of graffiti, not to exceed one hundred dollars per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

• (a) Claims for rewards under this section shall be filed with the City. Each claim shall:

  • (1) Specifically identify the date, location and kind of property damaged or destroyed.

  • (2) Identify by name the person who has convicted, or confessed to the damage or destruction of the City property.

  • (3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession.

• (b) The person committing the graffiti, and if an unemancipated minor, then the custodial parent of said minor, shall be liable for reward paid pursuant to this section.

§ 19-46. Accessibility to "graffiti-ables" provision furnishing to minors prohibited. [Ord. No. 1018, § 1.]

It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker or graffiti stick to any person under the age of eighteen years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.

§ 19-47. Removal provisions. [Ord. No. 1018, § 2; Ord. No. 1172, § 1.]

• (a) Right of City to require removal (self-removal). It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("responsible party") to permit property which is defaced with graffiti to

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remain so defaced for a period of forty-eight hours after notice of same, unless (1) said person shall demonstrate by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti; or (2) unless it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of seven days after notice of same.

• (b) Declaration of nuisance.

  • (1) Graffiti is a nuisance. The existence of graffiti within the City limits of the City is a public and private nuisance, and may be abated according to the provisions and procedures herein contained.

  • (2) Graffiti attracting surface as a nuisance. The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five times in twelve months is a public and private nuisance, and may be abated by minor modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures herein contained as follows: Said surface or surfaces shall be required to be retrofitted, at the cost of the property owner, of said lot, not to exceed a total cost of five hundred dollars, or at the cost of the City at the City's option, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.

• (c) Right of City to remove.

• (1) Whenever the City becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi public place within the City, the City shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repairing of any more extensive area than that where the graffiti is located, unless the City Administrator, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repaint or repairing the more extensive area.

  • (2) Prior to entering upon private property or property owned by a public entity other than the City, for the purpose of removal of graffiti, the City shall attempt to secure the consent of the property owners, and a release of the City from liability for private or public property or liability damage. The responsible party may execute and file with the City a graffiti removal consent form giving the City authority to, without notice, immediately enter onto the private property listed to paint over any graffiti that is within public view. Areas not within public view shall not be entered unless further consent is given, or an inspection warrant issued.

  • (3) If a responsible party fails to remove the offending graffiti within the time herein specified, or if the City shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the City consistent with the terms of this section, the City shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the following procedure.

    • a. The City Administrator, or his or her designee, ("hearing officer") shall give not less than forty-eight hours notice, served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of

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City of Oakdale, CA § 19-47

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Part 2 of the Code of Civil Procedure (If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062) to the responsible party or parties who are responsible for the maintenance or a parcel of property containing graffiti ("property"), and, if a different person is the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to said owner ("owner") also, of a "due process" hearing at which said responsible party and owner shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the hearing officer after the "due process" hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the responsible party, owner, or their respective agents, the hearing officer determines that the property contains graffiti viewable from a public or quasi-public place, the hearing officer shall give written notice ("eradication order") that, unless the graffiti is removed within five days thereafter, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer) or such other eradication thereof ("eradication effort") as the hearing officer determines appropriate, and shall provide the responsible party and owner thereafter with an accounting of the costs of such eradication effort on a "full cost recovery basis."

• b. Eradication effort. Not sooner than the time specified in the order of the hearing officer, the City Administrator, or his designee, shall implement the eradication order, and shall provide an accounting to the responsible party, and as appropriate, the owner, of the costs thereof ("eradication accounting").

• c. Cost hearing. If the responsible party or owner fails to request a hearing before the hearing officer on the eradication accounting ("cost of hearing"), or if requested, and a cost hearing is conducted after extending due process to the responsible party and, as appropriate, the owner, after such a cost hearing, the hearing officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the hearing officer, ("assessed eradication charges") shall be due and payable by the responsible party within thirty days. Any amount of assessed eradication charges assessed by the hearing officer which are less than the total amount set forth in the eradication accounting shall be explained by written letter from the hearing officer to the City Council members.

• d. Lien. As to such property where the responsible party is the owner, if all or any portion of the assessed eradication charges remain unpaid after thirty days, pursuant to the authority created by law, including Government Codes Section 38773, et seq., shall constitute and is hereby declared to constitute a lien on the property which was the subject matter of the eradication effort. The director of public works shall present a resolution of lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Stanislaus County Recorder's Office.

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City of Oakdale, CA § 19-48

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