Petaluma Municipal Code Ch. 10.29 Graffiti Abatement

The purpose of this chapter is to promote the public health, safety, and welfare of residents and to protect

properly within the city of Petaluma ("city") by providing a program for removal of graOti from walls and

structures on both public and private property, and to provide regulations designed to prevent and control the

further spread of graOti in the city. The increase of graOti on both public and private buildings, structures, and

places is creating a condition of blight within the city, which results in a deterioration of property and business

values for adjacent and surrounding properties, all to the detriment of the city. (Ord. 2240 NCS §1, 2006.)

Whenever the following words and phrases are used in this chapter, they shall have the meanings ascribed to

them as follows:

A. "Abate" or "abatement" means the elimination, removal or termination of graOti from public or private

property located within the city limits.

B. "City" means city of Petaluma and "city council" means the city council of Petaluma.

C. "Costs of removal" means any cost incurred by the city for removal, elimination, or termination of graOti from

either public or private property.

D. "Deface" means intentionally altering the physical shape or physical appearance of property by inscription,

words, Mgures, signs, or design without prior written permission of the property owner.

E. "Expenses of abatement" means all costs incurred by the city related to abatement of graOti conditions,

including without limitation, the costs of removal, court costs, attorneys’ fees, administrative costs, and any law

enforcement costs relating to the identiMcation and/or apprehension of a person who defaces property with

graOti or who fails to remove graOti from property after being ordered to do so.

F. "GraOti" shall mean any unauthorized inscription, word, Mgure, mark, sign, decal, tag or design that is written,

marked, etched, scratched, drawn, pasted, sprayed, painted or otherwise aOxed on any real or personal property.

G. "GraOti implement" means any felt tip marker capable of leaving a mark at least three-eighths of an inch

wide, etching material that is capable of etching glass, aerosol container which contains paint, ink, dye, or any

similar substance and which is capable of resulting in the placement of graOti upon any surface or substance,

including but not limited to glass, metal, concrete, wood and plastic.

H. "Person" means a natural person(s).

I. "Property owner" means any person who is the owner of real or personal property that has been defaced, or

who has primary responsibility for control over the property, or who has primary responsibility for maintenance

and repair of the property, and shall include any person owning, leasing, renting, occupying, managing, or having

charge of any property or structure.

J. "Public view" means any public or private area that is accessed from a public roadway, sidewalk or common

area and that is open to view by persons from said public roadway, sidewalk or common area.

K. "Responsible adult" means a parent, legal guardian, or other person over the age of twenty-one years who is

charged with legal responsibility and/or supervision of a minor.

L. "PEG" means Petalumans Eradicating GraOti, a group of volunteers dedicated to removing graOti from all

areas within the city of Petaluma.

(Ord. 2240 NCS §1, 2006.)

GraOti on public or private property, either real or personal, constitutes a public nuisance. (Ord. 2240 NCS §1,

2006.)

No person shall place graOti upon any public or privately owned permanent structure or personal property

located on publicly or privately owned real property that is within public view in the city. Any violation of this

provision may be prosecuted as a misdemeanor in addition to any other penalties provided for such violation,

including, without limitation, the penalties provided in Penal Code Section 594. (Ord. 2240 NCS §1, 2006.)

A. No person under the age of eighteen years and not in the presence of a parent or legal guardian shall have in

his or her possession a graOti implement, as deMned by this chapter, while in any public park, playground,

swimming pool, public recreational facility or any public right-of-way, public building or structure owned or

operated by the city or while within Mfty feet of an underpass, bridge, abutment, storm drain, or similar types of

infrastructure in the city unless necessary to participate in a function sponsored by the city. This section shall not

apply to authorized employees of the city, nor shall it apply to the authorized agents or contractors under contract

with the city.

B. It shall be unlawful for any person under the age of eighteen years and not in the presence of a parent or

legal guardian to possess any graOti implement while on school property, grounds, facilities, buildings, or

structures, or in areas immediately adjacent to those speciMc locations upon public property, or on private

property without the prior written consent of the owner or occupant of such private property. The provisions of

this section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from

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 broad-tipped markers. The burden of proof in any prosecution for violation of this section shall

be upon the minor student to establish the need to possess a broad-tipped marker.

C. It shall be unlawful for any person, Mrm or corporation to sell or give any graOti implement, as deMned by this

chapter, to any individual under the age of eighteen years who is not accompanied by a parent or legal guardian.

D. Any person, Mrm or corporation oPering for sale to the public any graOti implement, as deMned by this

chapter, shall keep a log when aerosol containers of paint are purchased. The business representative will log the

name, address, driver’s license number and number of aerosol containers of paint purchased by any individual

obtaining Mve or more aerosol containers of paint.

E. Any person, Mrm or corporation engaged in the retail sale of any graOti implement as deMned by this chapter

must display at a conspicuous location a legible sign measuring not less than twelve inches by twelve inches with

letters at least one-half inch in height which states:

It is unlawful for any person to sell or give to any individual under the age of eighteen years any

implement or other device capable of being used to deface property. Any person who maliciously

defaces real property is guilty of vandalism which is punishable by a Mne, imprisonment, or both.

(Ordinance Number speciMed)

F. Any person, Mrm or corporation that violates any provision of this section shall be guilty of a misdemeanor.

(Ord. 2240 NCS §1, 2006.)

In addition to the penalties available for misdemeanors under California State law and the Petaluma Municipal

Code, whenever deemed appropriate by the prosecuting attorney, the city shall petition a sentencing court to

impose any or all of the following additional penalties upon conviction for violation of Section 10.29.040:

A. Where permitted under state law, that any defendant under eighteen years of age caught applying graOti

shall pay a Mne of Mve hundred dollars for a Mrst oPense, one thousand dollars for a second oPense, and one

thousand Mve hundred dollars for a third oPense and any defendant eighteen years of age or older caught

applying graOti shall pay one thousand dollars for a Mrst oPense, two thousand dollars for a second oPense, and

three thousand dollars for a third oPense.

B. That the defendant clean up, repair or replace the damaged properly himself or herself, or that the

defendant, and his or her parents or legal guardians, if the defendant is a minor, keep the damaged property or

other speciMed property in the city free of graOti for up to one year. This cleanup, repair or replacement obligation

shall be at the defendant’s expense, or at the expense of the defendant’s parents or legal guardians if the

defendant is a minor.

C. For each conviction of a person aged thirteen or older the city may petition the court to suspend existing

driving privileges or delay the issuance of driving privileges in accordance with California Vehicle Code Section

13202.6.

D. That any defendant caught applying graOti shall be required to attend and complete a diversion counseling

program through the Petaluma People’s Services Center.

(Ord. 2240 NCS §1, 2006.)

Pursuant to Civil Code Section 1714.1(b), where graOti is applied by a minor, the parents or legal guardian of the

minor shall be jointly and severally liable for the payment of civil damages resulting from the minor’s misconduct

in an amount not to exceed twenty-Mve thousand dollars. (Ord. 2240 NCS §1, 2006.)

A. No property owner shall permit his or her property that has been defaced with graOti to remain so defaced

for more than seven calendar days following notiMcation to the property owner or other responsible person(s)

from a city oOcial to remove the graOti.

B. GraOti shall be removed or completely covered in a manner that renders it inconspicuous. When graOti is

painted out, the color used to paint it out shall match the original color of the surface, or the entire surface shall

be repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal

shall not leave shadows and shall not follow the pattern of the graOti such that letters or similar shapes remain

apparent on the surface after graOti markings have been removed. If the area is heavily covered with graOti, the

entire surface shall be repainted.

(Ord. 2240 NCS §1, 2006.)

A. Whenever the police chief or his/her designee determines that graOti exists on any permanent structure in

the city and is within public view, he/she shall cause a notice to be issued to the property owner and tenant to

remove the graOti. The notice shall be in the form of a written letter which will include a copy of the ordinance

regarding graOti abatement, and either a phone call or visitation by city representatives to secure immediate

voluntary response on the part of the property owner and/or tenant. The property owner and or tenant will be

encouraged to remove the graOti within seven days or contact representatives of "PEG" via the graOti hotline for

graOti removal, or use some other source to remove the graOti within the speciMed time frame. Provided the

property owner and or tenant has made a good faith ePort to remove the graOti and/or contact "PEG" in the

prescribed time of seven days, the property owner and/or tenant shall not be subject to the abatement penalties

as speciMed in Section 10.29.140(C). The property owner shall have seven calendar days after the date of the

notice to remove the graOti or the property will be subject to abatement by the city.

B. The property owner may appeal the determination of the police chief or his/her designee regarding the

existence of graOti, whether the person upon whom the notice was served is responsible for its removal, or

whether circumstances exist that would justify an extension of time for removal, by Mling a written notice of the

appeal with the city manager within three days after receipt of the original notice by the property owner. The city

manager is authorized to review and render a decision on any appeal and shall serve such decision on the

person(s) Mling the appeal within three business days of the decision. The seven-day period for removal of graOti shall be tolled during pendency of an appeal. The decision of the city manager may be appealed to the city council

within Mfteen days.

(Ord. 2240 NCS §1, 2006.)

If required, a notice to remove graOti required by Section 10.29.090 shall be served upon the property owner(s) as

such owner’s name and address appears on the last equalized property tax assessment rolls of the county of

Sonoma. In addition, if there is a tenant of the premises, the notice shall also be served on said tenant. If there is

no known address for the property owner, the notice shall be sent in care of the property address. If there is no

person occupying said property, the notice shall be posted thereon. The notice required by this chapter may be

served in any one of the following manners, unless the notice is served by posting:

A. By personal service when serving the owner, occupant, or person in charge of the property; or

B. By registered or certiMed mail addressed to the owner at the owner’s address listed on the last equalized

property tax assessment rolls or at the property address, if applicable.

(Ord. 2240 NCS §1, 2006.)

A. Upon failure of any person to comply with the notice to remove graOti by the designated date, or such

continued date thereafter as the city manager or his/her designated representative approves, the city manager is

authorized to cause the graOti to be removed by city forces or private contract.

B. Neither the city, nor any of its oOcials, oOcers, employees, consultants, or representatives, including a private

contractor hired by the city to remove graOti, shall be liable for alleged losses or damages pertaining to the

removal of graOti in the manner described and authorized in this chapter, save and except for any losses or

damages resulting from gross negligence or willful misconduct.

C. The removal of graOti authorized by this section is subject to the following:

1. Where the graOti is on a structure owned by a public entity other than the city, entry onto the property

for removal of the graOti shall be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a waiver and release, and agrees to an assumption of

direct costs incurred by the city for the removal.

2. Where the graOti is on a privately owned structure, unless summary abatement is authorized under

Section 10.29.130 or is necessary as an emergency measure, entry onto the private property for removal of

the graOti shall be authorized only after securing the consent of the property owner and the owner executes

a waiver and release, or upon issuance of an abatement warrant by a court of competent jurisdiction under

California Code of Civil Procedure Section 1822.50 et seq. The costs of obtaining an abatement warrant may

be recovered as an expense of abatement under Section 10.29.140.

(Ord. 2240 NCS §1, 2006.)

In emergency cases, the police chief or his or her designee is hereby authorized to summarily abate gang-related

graOti. The abatement may be undertaken by city staPer representatives, or by outside contractors. For purposes

of this section only, gang-related graOti shall be deMned as graOti that is placed on private or public property by

some person or person reasonably believed by the city’s police department or other local law enforcement agency

to be a member of, or aOliated with a criminal street gang, as that term is deMned in Penal Code Section 186.22.

The costs of summary abatement, including the costs of removal and other expenses of abatement, may be

assessed against the person causing or creating the graOti, or a responsible adult, or an emancipated minor who

is responsible for creating the graOti. Recovery of the costs of removal or expenses of abatement may be

enforced by the city in the manner and following the procedures described in Government Code Section 38773.2.

(Ord. 2240 NCS §1, 2006.)

Except as otherwise provided in this chapter:

A. The property owner shall be responsible to the city for the expenses of abatement. Notice of the expenses of

abatement shall be given to the property owner by the city manager in the same manner as provided for giving

notice in Section 10.29.100, Service of written notice.

B. The property owner may appeal said expenses of abatement to the city manager by Mling a written appeal

within Mfteen days of the service of said notice. He/she may appeal the city manager’s determination by written

appeal to the city council within Mfteen days after receipt of the city manager’s decision. The decision of the city

council shall be Mnal, save and except for judicial review.

C. Unless said expenses of abatement are paid within thirty days of service of notice of same, or in the case of

an appeal, within thirty days of service of notice of the determination of the appeal, a notice of lien shall be

recorded in the oOce of the Sonoma County recorder and shall constitute a lien on the property and may be assessed against the property owner in the manner and following the procedures described in Government Code

Section 38773.2.

(Ord. 2240 NCS §1, 2006.)

The city or any property owner who suPers property damage and/or monetary loss as a result of having to remove

graOti may seek restitution for all expenses of abatement, including all costs of removal, for any damage caused

by the graOti or the removal of same. Restitution may be pursued by the city and/or the property owner in a

separate civil action or as part of a criminal proceeding against the perpetrator. A responsible adult may be held

liable for damage or costs incurred as a result of graOti by a minor who defaces or otherwise damages property

pursuant to this chapter. (Ord. 2240 NCS §1, 2006.)

The city council may, by resolution, oPer and pay a reward for information leading to the apprehension and

conviction of any person who places graOti or other inscribed material as deMned in this chapter upon private or

public structures in the city. In addition to any Mnes levied by the city for violation of this chapter, any person who

has damaged property by inscribing graOti shall be liable for the amount of the reward paid pursuant to this

chapter and California Government Code Section 53069.5. (Ord. 2240 NCS §1, 2006.)

The city manager, or his or her designee, may conduct regular programs to provide community education

regarding the prevention of graOti. (Ord. 2240 NCS §1, 2006.)

The city council hereby creates the city of Petaluma’s anti-graOti trust fund. Penalties assessed against violators of

this chapter shall be placed in the fund, along with any monetary donations received from persons wishing to

contribute to the fund. The council shall direct the expenditures of monies in the fund. Such expenditures shall be

limited to the payment of the cost of graOti removal, the payment, at the discretion of the city manager, of

rewards for information leading to the conviction of violation of this chapter and the costs of administering this

chapter. (Ord. 2240 NCS §1, 2006.)

This chapter is not the exclusive regulation of graOti as a nuisance within the city. It supplements and is in

addition to any other applicable law. (Ord. 2240 NCS §1, 2006.)

Part VII. Consumer Protection (Reserved)