Chapter 9.60 — GRAFFITI ABATEMENT ORDINANCE

This chapter shall be known as the "graffiti abatement ordinance."

(Ord. 6552 § 2 (part), 1993)

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property which has been the target of such malicious vandalism, but also depreciates the value of the adjacent and surrounding properties, and in so doing, negatively impacts the entire community. The city has in the past undertaken to remove graffiti from public property, but has been unable to mount a successful program for encouraging the owners of private property to undertake to remove graffiti from walls, buildings, structures, and other surfaces. Section 53069.3 of the Government Code authorizes the city under certain circumstances to provide for the removal of graffiti.

The city council finds and determines that graffiti is obnoxious and a public nuisance and, unless promptly removed from public and private properties, tends to remain and to attract more graffiti; other properties are then the target of graffiti, with

the result that entire neighborhoods and, indeed, the community is depreciated in value and made a less desirable place. The city council therefore determines that it is appropriate that the city develop procedures to implement the provisions of Section 53069.3 of the Government Code and provide for the removal of graffiti from both public and private property under the circumstances set forth hereinafter. The city council determines that it is appropriate to provide penalties relating to possession of graffiti implements for the purpose of engaging in graffiti-making acts. Further, the city council has already enacted an ordinance relating to the storage and display for sale of aerosol paint containers and marker pens which will now be incorporated in this new chapter.

(Ord. 6552 § 2 (part), 1993)

As used in this chapter, the following terms shall have the meanings set forth herein:

A.

"Graffiti" means any inscription, word, figure or design marked, etched, scratched, drawn or painted on any surface, without the express permission of the owner (or owner's representative) of such surface, regardless of the nature of the material of which the surface is composed.

B.

"Graffiti implement" means any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, felt-tip markers or marker pens, marking instruments, drill bits, grinding stones, scribers, glass cutters, or etching tools, or other implements capable of scarring glass, metal, concrete or wood.

C.

"Aerosol paint container" means any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property.

D.

"Felt-tip marker or marking pen" means any indelible marker or similar implement with a tip exceeding 4 millimeters in width, containing an ink.

E.

"Paint stick" means a device containing a solid form of paint, wax, epoxy or other similar substance capable of being applied to surface by pressure and, upon application, leaving a mark visible from a distance of twenty feet.

F.

"Spray actuator" (also known as a "spray tip," "nozzle" or "button") means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.

G.

"Owner's representative" means any person or entity expressly authorized by the owner of any property to permit another person to place inscriptions, words, figures or designs upon such property, or any person or entity in lawful possession of any property, whose right of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property.

(Ord. 6552 § 2 (part), 1993)

Whenever graffiti has been removed from public or private property at the expense of the city, each person who placed any of the graffiti, and the custodial parents or guardians of any minor who placed any of the graffiti (hereinafter collectively the "responsible persons"), shall be legally responsible to reimburse the city for all costs of removal. Upon the determination of the costs of removal, the director of finance is hereby authorized and directed to invoice the aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally owed to the city by such responsible persons. No financial penalty shall be assessed against the parent or guardian of any minor person placing graffiti if it is demonstrated that the parent or guardian either receives Aid For Dependent Children (AFDC) or meets the standards for indigency established by the municipal courts of Los Angeles County. Any financial penalty assessed hereunder may, at the option of any responsible party, be abated by the satisfactory performance of community service by any responsible person. The community service performed shall be related to graffiti removal under the supervision of the city manager or his designee. Abatement for such authorized community service shall be credited at the rate of $5.00 per hour or at the California minimum wage at the time the service is performed, whichever is higher.

(Ord. 6552 § 2 (part), 1993)

It is unlawful, and a misdemeanor, for any person to possess any graffiti implement, as defined in Section 9.60.030 of this chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative; provided, however, that nothing in this section shall be construed to permit or prohibit conduct which is prohibited by California Penal Code Section 594.1.

(Ord. 6552 § 2 (part), 1993)

It shall be unlawful, and a misdemeanor, for any person to possess any spray actuator, as defined in Section 9.60.030 of this chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative.

(Ord. 6552 § 2 (part), 1993)

Every person who offers for sale, or owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or broad-tipped marker pens with tips exceeding 4 millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(Ord. 6552 § 2 (part), 1993)