Chapter 11.70 — GRAFFITI — Palm Springs Municipal Code

§ 11.70.010. Definitions.¶

"Bona fide evidence of majority" means a document issued by a federal, state, county or municipal government or subdivision or agency thereof, including but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, a passport or an identification card issued to a member of the armed forces which identifies as individual and provides proof of the age of such individual.

"Capable of defacing property" means any substance, spray paint, paint or dye, or any other liquid which when applied to any surface leaves an opaque and insoluble residue which cannot be removed by ordinary application of soap and water.

"Graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, or on any wall, structure, or other facility regardless of the nature of the material of that structural component, wall, structure or other facility.

(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)

§ 11.70.020. Spray paint—Sale to minors.¶

(a) No person shall sell or cause to be sold to any person under the age of eighteen years any aerosol container of spray paint capable of defacing property.
(b) Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence of majority in a transaction of sale, shall be a defense to any criminal prosecution thereof.
(c) Any person who owns, manages or operates a place of business wherein aerosol containers of spray paint capable of defacing property are sold shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating: "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both."
(d) No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment (1) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representative, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded entry. "Graffiti implement" means any aerosol paint container; a felt tip market with a tip, at its broadest width, being greater than one-eighth of an inch; preprinted gum label; paint or graffiti stick containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark at least one-eighth of an inch in width; etching tool; or any other device capable of scarring or leaving a visible mark on glass, metal, concrete, or wood or any other surface.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991; Ord. 1469 § 1, 1994)

Downloaded from https://ecode360.com/PA4982 on 2026-07-07

City of Palm Springs, CA

PALM SPRINGS CODE

§ 11.70.030

§ 11.70.070

§ 11.70.030. Possession of spray paint—Prohibition in public places, parks and buildings.¶

No person shall have in his or her possession any aerosol container of spray paint capable of defacing property while in any public park, playground, swimming pool or recreation facility, public building or other public place, other than a highway, street or alley, except authorized employees or agents of the city or persons having the authorization of the city manager. (Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)

§ 11.70.040. Possession of spray paint—Prohibition by minors in streets or other public…¶

No person under the age of eighteen shall have in his or her possession any aerosol container of spray paint capable of defacing property while on any public highway, street, alley or way unless such person is accompanied by a parent or legal guardian.

(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)

§ 11.70.050. Graffiti—Prohibited.¶

No person shall wilfully or maliciously use any liquid substance, spray paint, chalk, dye or other similar substance to paint, mar or deface any public or privately owned structures located on public or privately owned real property within the city, whether such property is occupied, vacated or abandoned.

(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)

§ 11.70.060. Graffiti—Removal.¶

(a) Whenever the city manager or his/her designated representative determines that graffiti is so located on public or privately owned permanent structures located on public or privately owned real property within the city so as to be a public nuisance, the city manager or his/ her designated representative is authorized to use city funds to provide for the removal of the graffiti, without reimbursement from the property owner upon whose property the graffiti has been applied. Prior to the removal of such graffiti, the city shall obtain the written consent of the owner for such action and the owner shall execute an appropriate release form and right of entry form to permit such graffiti removal. The city's removal of graffiti by painting or repair shall not involve the paining or repair of a more extensive area than that area where the graffiti is located.
(b) In addition to the procedures established by this section, the city is authorized to abate graffiti as a public nuisance pursuant to the abatement procedures in Chapter 11.72 of the Palm Springs Municipal code.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)

§ 11.70.070. Graffiti—Reward.¶

(a) A reward in an amount established by resolution of the city council is authorized, offered and may be paid by the city to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who wilfully or maliciously paints, mars or defaces any public or private structure located on private or public property within the city.
(b) The exact amount of the reward to be paid by the city shall be determined by the city

Downloaded from https://ecode360.com/PA4982 on 2026-07-07

City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.70.070

council after receipt of a report from the city manager indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who wilfully or maliciously painted, marred or defaced a structure located on public or private property located within the city, and indicating the final disposition of such matter. No law enforcement officer, municipal officer, official or employee of the city shall be eligible for such reward.
(c) Any person violating the provisions of Section 11.70.050 of this chapter shall be liable for the amount of any reward paid by the city pursuant to this section, and if that person is a minor, his or her parent or guardian shall also be liable for the amount. Any person owing money shall be liable in any action brought in the name of the city for the recovery of such amount, including reasonable attorney fees.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)

Downloaded from https://ecode360.com/PA4982 on 2026-07-07

City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.72.010

§ 11.72.030