Placer County Municipal Code Art. 9.14 Spray Paint and Graffiti

Aerosol spray paint cans are currently being used as a means of defacing public and private property, resulting in the creation of unsightly graffiti. Graffiti reduces property values, encourages blight and frequently becomes a forum for gang-related, potentially criminal activities. In order to assist law enforcement personnel in dealing with this growing problem, the board of supervisors deems it necessary and appropriate to regulate the use and possession of aerosol spray paint cans and the application of graffiti, and to provide for the abatement of graffiti.

(Ord. 5807-B § 1, 2016)

"Graffiti"

means the intentional spraying of paint or marking of paint, ink, chalk, dye or other similar substances upon private or public property without permission of the owner of the property. For purposes of this article, "graffiti" shall mean any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface of public or private property without the property owner's authorization.

"Graffiti coordinator"

means a person appointed by the sheriff to assist in the implementation and enforcement of this article.

(Ord. 5807-B § 1, 2016)

It is unlawful for any person to intentionally place graffiti upon any private or public property. A mistake as to the private property owner's identity shall not be a defense to a violation of this section.

(Ord. 5807-B § 1, 2016)

It is unlawful for any minor person under the age of 18 to have in their possession any aerosol spray can containing any substance commonly known as paint, while upon any public highway, street, alleyway, park, playground, swimming pool or other public place, whether such minor is or is not in any automobile, vehicle or other conveyance.

This section shall not apply if such minor is in possession of an aerosol spray can in order to perform a task as directed by the minor's parent, guardian, instructor or employer, and if that task would not be a violation of this chapter if conducted by an adult.

(Ord. 5807-B § 1, 2016)

It is unlawful for any person to sell to a minor any aerosol spray can containing any substance commonly known as paint. This section shall not apply to the furnishing of six ounces or less of an aerosol container of paint for the minor's use or possession under the supervision of the minor's parent, guardian, instructor or employer.

(Ord. 5807-B § 1, 2016)

A sign not smaller than eight and one-half inches by 11 inches shall be prominently displayed in the proximity of the merchandise in all retail establishments which offer for sale to the public paint in aerosol spray cans. These signs shall read as follows:

Possession by or sale to a minor of an aerosol spray can containing paint is unlawful. California Penal Code Section 594.1, Placer County Code Sections 9.14.040 and 9.14.050.

(Ord. 5807-B § 1, 2016)

Violation of this article may be charged as either an infraction or a misdemeanor in the discretion of the district attorney.

(Ord. 5807-B § 1, 2016)

The board of supervisors of the county of Placer makes the following findings and declarations:

Graffiti on private or public property creates a condition tending to reduce the value of private and public property, to promote blight and deterioration, to reflect badly on the community and to be injurious to the health, safety and general welfare. Furthermore, graffiti has been used as a forum for gang-related activities and can lead to an increase in crime in the county. Therefore, the presence of graffiti on private or public property is declared to constitute a public nuisance which may be abated as such in accordance with provisions of this chapter, or any other applicable provision of law.

(Ord. 5807-B § 1, 2016)

The board of supervisors shall from time to time determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of the graffiti.

(Ord. 5807-B § 1, 2016)

Upon discovering the existence of graffiti on private or public property within the county, the graffiti coordinator shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this article.

(Ord. 5807-B § 1, 2016)

A 10 day notice of intention to abate and remove the graffiti shall be mailed by registered or certified mail or served upon the owners of the property in the manner required for service of a summons and mailed by registered or certified mail to any individuals who have violated Section 9.14.080 of this article. The notice shall advise that if the graffiti is not removed within the time frame set forth in the notice, the county shall remove the graffiti and assess the costs to the property owner and/or the individuals responsible. If a responsible individual is a minor, costs shall be assessed to the parents or guardians of that minor. The notices shall be in substantially the following forms:

(Ord. 5807-B § 1, 2016)

A. The cost of abating the graffiti shall constitute a lien and a special assessment against the property where the graffiti is located, and may be collected at the same time and in the same manner as property taxes.

B. If the cost of abating the graffiti is not paid within 30 days of mailing of demand by the county, the cost of abatement along with a penalty assessment of eight percent of the total, will be transmitted to the county auditor for entry upon and collection with the next tax roll and to the county recorder to be recorded as a lien against the property. Thereafter, such amount shall be collected with property taxes and shall be subject to additional interest and penalties in the case of delinquency, along with sale, because the assessment shall constitute a lien upon the property. The cost of recording and removing a lien on property on which this amount has been assessed will be borne by the property owner.

(Ord. 5807-B § 1, 2016)

Upon written request by the owner of the property or any violator of Section 9.14.030 received by the sheriff within 10 days of mailing or service on an owner or mailing to a violator of the notices of an intention to abate and remove the graffiti, a public hearing shall be held by the sheriff or designee on the question of the cost of abatement. Those individuals to whom notice has been sent may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the graffiti. Following the public hearing, the sheriff shall make written findings of fact showing whether the graffiti tends to reduce the value of private property, to promote blight and deterioration and be injurious to the health, safety and general welfare. Such written findings of fact shall be the basis for the decision of the sheriff.

Appeal from any decision of the sheriff may be made in writing to the board of supervisors within 10 calendar days from the sheriff's action. Within the same 10 day period, the appellant shall pay a nonrefundable fee of $75.

(Ord. 5807-B § 1, 2016)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that any person is responsible for the unlawful application of graffiti, a fine in the amount of three times the cost of abatement shall be paid by the violator(s).

(Ord. 5807-B § 1, 2016)