Oxnard Municipal Code Art. V Graffiti

The city council hereby finds and determines that graffiti is a public nuisance and that the health, safety and welfare of the city’s residents shall be furthered by the establishment of a graffiti prohibition and removal program; sales, possession, and storage regulations for graffiti implements; and a reward for apprehension of persons damaging, destroying, or defacing public or private property.

(`64 Code, Sec. 19-4.1) (Ord. No. 2330, 2708)

For purpose of this article, the following words shall have the following meanings:

(A) ADHESIVE STICKERS - Any piece of paper, fabric, plastic, or other material with an adhesive, paste or gummed backing, which, when applied or affixed to any surface, either creates a permanent contact or is not easily removable without the use of solvents.

(B) AEROSOL PAINT CONTAINER - A container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property.

(C) DEFACEMENT - The intentional altering of the physical shape or physical appearance of property without the prior written consent of the owner.

(D) ETCHING CREAM - Any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of marking, defacing, damaging, or destroying glass, plastic, wood, metal, or concrete surfaces in a manner similar to acid.

(E) ETCHING TOOL - Any sharp or pointed instrument that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, or acid etching solution.

(F) GRAFFITI - Any unauthorized inscription, word, figure, mark, adhesive sticker, or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, applied, or affixed on any real or personal property of another.

(G) GRAFFITI IMPLEMENT - An adhesive sticker, an aerosol paint container, etching cream, an etching tool, an indelible marker, a paint stick, a graffiti stick, a spray actuator, or any other device or instrument capable of creating graffiti.

(H) INDELIBLE MARKER - Any device containing fluid that is not soluble in water and has a writing surface for applying such fluid.

(I) MINOR - A person less than 18 years of age.

(J) PAINT STICK or GRAFFITI STICK - A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance that is not soluble in water, is capable of being applied to a surface by pressure, and upon application, leaves a mark.

(K) RESPONSIBLE ADULT - A parent, legal guardian or teacher of a minor.

(L) SPRAY ACTUATOR - An object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein.

(`64 Code, Sec. 19-4.2) (Ord. No. 2330, 2708, 2827)

It shall be unlawful for any person to place graffiti on or apply graffiti to any public, private, or personal property located within the city without permission of the owner of the property.

(`64 Code, Sec. 19-4.3) (Ord. No. 2330, 2708, 2827)

Every owner of property shall remove graffiti promptly from such property.

(`64 Code, Sec. 19-4.4) (Ord. No. 2330, 2708)

(A) When graffiti is capable of being viewed by a person while standing in or on any public property, the city manager or designee may direct, in writing, that the owner of the graffitied property remove the graffiti.

(B) Unless additional time is granted by the city manager or designee, the property owner shall remove the graffiti within five calendar days after the date of receipt of a notice to remove the graffiti.

(C) (1) For each day the graffiti remains beyond five calendar days after receipt of the notice to remove the graffiti, the owner of the graffitied property shall be in violation of the code.

(2) Each and every such day shall constitute a new and separate violation of this code and may be charged as such.

(`64 Code, Sec. 19-4.5) (Ord. No. 2330, 2708)

Whenever the city manager, or designee, determines that graffiti may be viewed by a person in accordance with section 7-84(A), the city manager or designee is authorized to provide for and to use public funds to remove the graffiti upon the following conditions:

(A) Only the graffiti or other inscribed material itself may be removed unless the graffiti or other inscribed material itself cannot be removed cost effectively. In such cases, the portion of the property that was defaced may be repaired or replaced. Portions of the property that were not defaced, shall not be painted, repaired, or replaced.

(B) If the subject property is owned by a public entity other than the city, the removal requires the consent of an authorized representative of such entity and the representative shall execute a release and waiver approved as to form by the city attorney.

(C) If the subject property is privately owned, the removal requires the consent of the property owner and the owner shall execute a release and waiver approved as to form by the city attorney.

(`64 Code, Sec. 19-4.6) (Ord. No. 2330, 2708, 2827)

(A) It shall be unlawful for any person to possess any adhesive sticker, etching tool, indelible marker, paint stick, or graffiti stick while in or upon any public facility, park, playground, swimming pool, beach, recreational facility, or other public building owned or operated by the city where signs forbidding such possession without valid authorization are displayed in a reasonable location or locations.

(B) It shall be unlawful for any minor to possess any graffiti implement while in or upon school property, grounds, facilities, buildings, or structures. The provisions of this subdivision shall not apply to the possession of indelible markers by a minor attending a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of indelible markers.

(`64 Code, Sec. 19-4.7) (Ord. No. 2330, 2708, 2827, 3031)

It shall be unlawful for any person, other than a responsible person, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be sold, exchanged, given, loaned, or otherwise furnished, any etching tool, indelible marker, paint stick, graffiti stick, or spray actuator to a minor unless such minor is accompanied by a responsible adult.

(`64 Code, Sec. 19-4.8) (Ord. No. 2330, 2708, 2827)

(A) Every retail establishment selling or offering for sale etching tools, indelible markers, paint sticks, graffiti sticks, or spray actuators shall post at the location of retail sale a sign in letters at least three-eighths of an inch high and clearly visible and legible to employees and customers stating:

"It is unlawful for any person to sell or give any etching tool, indelible marker, paint stick, graffiti stick, or spray actuator to a minor who is not accompanied by a responsible adult."

(B) Every retail establishment selling or offering for sale etching tools, indelible markers, paint sticks, graffiti sticks, or spray actuators capable of defacing property shall post in a conspicuous space a sign in letters at least three-eighths of an inch high stating:

"Any person who defaces real or personal property with an etching tool, indelible marker, paint stick, graffiti stick, or spray actuator is guilty of vandalism which is punishable by a fine, imprisonment, or both."

(`64 Code, Sec. 19-4.9) (Ord. No. 2330, 2708, 2827)

(A) Every person who owns, conducts, operates, or manages a retail establishment selling or offering for sale any graffiti implement shall keep, store, and maintain such graffiti implements in a place that is locked and secure or otherwise made unavailable to the public except upon request.

(B) This section shall not apply to the selling or offering for sale of adhesive stickers.

(`64 Code, Sec. 19-4.10) (Ord. No. 2330, 2708, 2827)

(A) The city council hereby authorizes the city manager to pay a reward to any person who provides information leading to the identity and the apprehension of any person who willfully or maliciously places graffiti on any public or private property within the city. The maximum reward amount available shall be established by resolution of the city council.

(B) The exact amount of the reward to be paid shall be determined by the police of chief, or designee, after receipt of a report from a police officer confirming the role of the recommended reward recipient. No law enforcement officer, municipal officer or employee of the city shall be eligible to receive such reward.

(`64 Code, Sec. 19-4.11) (Ord. No. 2330, 2708)

Any person who violates the provisions of sections 7-82, 7-84(B), 7-86, 7-87, 7-88 or 7-89(A) of this article is subject to a fine in accordance with article III of this chapter.

(`64 Code, Sec. 19-4.12) (Ord. No. 2330, 2521, 2698, 2708, 2827)

(A) For purposes of this section, the following words and phrases shall have the following meanings:

(1) EXPENSE OF ABATEMENT - Includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred in identifying and apprehending the person responsible for placing graffiti or other inscribed material on property of another.

(2) MINOR - A person less than 18 years of age who falls into one of the following categories:

(a) Has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7;

(b) Has been convicted by final judgment of a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7; or

(c) Has been declared a ward of the Juvenile Court pursuant to Cal. Welfare and Institutions Code, Section 602 by reason of the commission of an act prohibited by Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7.

(3) PERSON OTHER THAN A MINOR - A person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7.

(B) When the city abates graffiti or other inscribed material placed on public or private property by a minor, the city manager or designee may impose a lien for the expense of abatement against the property of the minor or against the property of the parent or guardian having custody and control of said minor, and the expense of abatement shall be a personal obligation against the minor or against the parent or guardian having custody and control of the minor.

(C) When the city abates graffiti or other inscribed material placed on public or private property by a person other than a minor, the city manager or designee may impose a lien for the expense of abatement against the property of said person, and the expense of abatement shall be a personal obligation against the person.

(D) If the city manager or designee imposes a lien for the expense of abatement as set forth in subdivisions (B) or (C) of this section, the city manager or designee shall provide notice to the person who owns the property upon which the lien is being imposed prior to the recordation of the lien. The city manager or designee shall serve the notice in the same manner as a summons in a civil action pursuant to Cal. Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 3 (commencing with Section 415.10).

(E) If the person who owns the property upon which the lien is being imposed cannot be located after diligent search, the city manager or designee may serve the notice by posting a copy of the notice upon the property in a conspicuous place for a period of ten days. The city manager or designee shall also publish the notice pursuant to Cal. Code of Civil Procedure, Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.

(F) All liens imposed pursuant to subdivisions (B) or (C) of this section shall be recorded in the county recorder's office in the county in which the parcel of land is located and shall contain the following information:

(1) The amount of the lien;

(2) The name and agency on whose behalf the lien is imposed;

(3) The date of the abatement order;

(4) The street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and

(5) The name and address of the recorded owner of the parcel.

(G) If a lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (F) of this section shall be recorded by the city. A lien and the release of a lien shall be indexed in the grantor-grantee index.

(H) Any lien imposed pursuant to subdivisions (B) or (C) of this section may be satisfied through foreclosure in an action brought by the city.

(Ord. No. 2708, 2827)

Editor's note: Former section 7-93 was repealed by Part 10 of Ord. No. 2827, adopted May 4, 2010.

(A) For the purposes of this section only, the following definitions are applicable to this section only:

(1) MINOR - A person under the age of 18 years who has been convicted of a violation of Cal. Penal Code, Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7, or has been found to be a person described in Cal. Welfare and Institutions Code, Section 602 by reason of the commission of an act prohibited by the Cal. Penal Code sections identified in this section.

(2) GRAFFITI ABATEMENT COSTS - Means:

(a) The average costs incurred in identifying and apprehending a person convicted of Cal. Penal Code, Sections 594, 594.3, 594.4, 640.5, 640.6, 640.7 or a minor subsequently found to be a person described in Cal. Welfare and Institutions Code, Section 602 by reason of the commission of an act prohibited on the Cal. Penal Code sections identified in this subdivision; and

(b) The average costs incurred in removing graffiti or other inscribed material; and

(c) The average costs incurred in repairing and replacing property of a type frequently defaced with graffiti or other inscribed material.

(B) Cost findings shall be reviewed at least once every three years to ensure their adequacy. Recommendations shall be made to the city council regarding any appropriate updates to the amount of graffiti abatement costs and expenses. The city council may adopt updated cost findings by resolution. Immediately after adoption, the city clerk shall forward a certified copy of the adopted cost findings to the clerk of the Ventura County Juvenile Court and the Ventura County Probation Agency.

(C) The Ventura County Probation Agency is hereby authorized, on behalf of the city, to collect from the minor, the minor's estate or the minor's parents or guardian, the city's graffiti abatement costs and expenses through the juvenile court proceedings pursuant to the Graffiti Removal and Damage Recovery Program (Cal. Welfare and Institution Code, Section 742.10 et seq.) and to promptly transfer said funds to the city.

(D) Upon request of the Ventura County Probation Agency, the city shall promptly transmit to the probation officer data about the city's expenditure of resources for graffiti abatement costs in a particular case for collection pursuant to this section.

(Ord. No. 2897)