Point Arena Municipal Code Ch. 9.15 Graffiti

(1) The city council of the city of Point Arena specifically finds that graffiti on public or private property is a blighting factor which not only depreciates the value of property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire city.

(2) California Government Code Section 53069.3 authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be.

(3) It is the purpose and intent of the city council, through the adoption of the ordinance codified in this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total community. It is the further intent of the city council, through the adoption of the ordinance codified in this chapter, to provide notice to all of those who disregard the property rights of others that the law enforcement agencies of the city, the sheriff's department and the district attorney's office, will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public and private properties. Graffiti also has been found to be a means of identification utilized by gangs and its presence may encourage further gang-related activities.

(Ord. 163 § 1, 1997.)

"Aerosol paint container"

means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

"Felt tip marker"

means any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth inch or greater.

"Graffiti"

means any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the city council to be a public nuisance.

"Graffiti implement"

means an aerosol paint container, a felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least three-eighths of an inch in width upon any surface.

(Ord. 163 § 2, 1997.)

It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles and signs ("structures" hereinafter in this chapter) located within the city. It shall also be unlawful for any person to apply or affix any adhesive backed label, sticker, "bumper sticker" or similar item to any tree or structure not owned or lawfully possessed by such person.

(Ord. 163 § 3, 1997.)

It is unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement, or any other object capable of scribing graffiti, with the intent to commit vandalism or graffiti, while upon public property or upon private property without the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance.

(Ord. 163 § 4, 1997.)

It is unlawful for any person to have in his or her possession any graffiti implement, with the intent to commit vandalism or graffiti, while performing any activity in any public park, playground, recreational facility, or other public buildings owned or operated by the city or any other governmental agencies, or any public right-of-way in the city unless necessary in order to participate in any city sponsored function under the direct supervision of adults. This action shall not apply to authorized employees of the city nor shall it apply to authorized agents or contractors under contract to the city.

(Ord. 163 § 5, 1997.)

(1) No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on such property, when graffiti is visible from the street or other public or private property, for a period in excess of three days (72 hours) of occurrence, or 15 days after the date of notice to abate by the city.

(2) Should the property owner contact the city within 72 hours of the occurrence, the following shall apply:

(a) The city shall assist in the coordination of labor, whether volunteers or city employees, to remove the graffiti.

(b) The city will furnish the property owner or applicable labor group supplies (paint, paint brushes, etc.) which may be utilized to remove the graffiti.

(3) In an attempt to assist property owners with the removal of the graffiti, the 72-hour deadline for contacting the city will not be enforced until 30 days after the adoption of the ordinance codified in this section. Thus, the "bank" of the city supplies will be available to all property owners who request assistance from the time period of adoption of the ordinance codified in this section until the ordinance becomes effective. When the ordinance codified in this section has become effective, the 72-hour deadline will be enforced.

(Ord. 163 § 6, 1997.)

Whenever the city determines that graffiti exists on any surface in the city which is visible from the street or other public or private property, the city shall cause a notice to be issued to abate such nuisance. The property owner shall have 15 days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city.

(Ord. 163 § 7, 1997.)

The notice to abate graffiti shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the latest equalized property tax assessment rolls of the county of Mendocino. In addition, if there is a commercial tenant using the premises, the notice shall also be served on the tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

(1) By personal service on the owner(s), occupant or person in charge or control of the property.

(2) By registered or certified mail addressed to the owner at the last known address of the owner. If this address is unknown, the notice will be sent to the property address. In addition, where the property is occupied, a copy of the notice shall be delivered to the occupant.

(Ord. 163 § 8, 1997.)

(1) Upon failure of a person receiving a notice to abate pursuant to PAMC 9.15.070 to comply with the notice to abate by the designated date, or such continued date thereafter as the city approves, then the city is authorized and directed to cause the graffiti to be abated by city forces, volunteers, community service worker(s), or private contractor, and the city, its volunteers, or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).

(2) When the graffiti has been abated by the city due to the refusal or the failure of the owner to do so, the owner shall reimburse the city of the total cost of the removal of the graffiti. The costs to be reimbursed include labor, material, preparation of specifications and contracts and inspection.

If the amount billed to the property owner has not been paid within 30 days of the city's assessment, the city shall cause to be filed in the office of the recorder of the county of Mendocino a notice of lien. Liens shall be collected at the time of sale or remodel in excess of 50 percent of the market value of the building.

(3) The city's program for the removal of the graffiti, as noted in PAMC 9.15.080, does not authorize nor will it undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located. Prior to the removal of the graffiti, the city shall attempt to obtain written consent from the property owner, and the owner shall execute the appropriate release, as provided for in PAMC 9.15.190.

(Ord. 163 § 9, 1997.)

All encroachment permits issued by the city may, among other things, be conditioned by the following:

(1) Use of anti-graffiti materials on surfaces exposed to public view acceptable to the city manager and kept on file at the department of community development;

(2) Use of landscaping to screen or provide a barrier to encroaching object;

(3) The immediate removal by the permittee of any graffiti;

(4) The right of the city to remove graffiti or to paint the encroaching object to conceal graffiti;

(5) Applicant shall provide the city with sufficient matching paint on demand for use in painting the encroaching object to conceal graffiti.

(Ord. 163 § 10, 1997.)

Pursuant to Section 1714.1(b) of the California Civil Code, where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed $10,000 for each such offense.

(Ord. 163 § 11, 1997.)

(1) Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be subject to a civil penalty not to exceed $1,000. Such person, firm or corporation shall be deemed to have committed a separate violation for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm, or corporation and shall be penalized as herein provided. The total amount of civil penalty imposed in any single action brought by the city to enforce the provisions of this chapter shall not exceed the total costs to the city of such enforcement, including but not limited to the following: attorneys' fees, filing fees, telephone charges, postage, photocopying costs, facsimile transmission costs, and travel expenses.

(2) Notwithstanding the penalties set forth in subsection (1) of this section, any person who maliciously defaces, damages or destroys property with a graffiti implement is guilty of vandalism, pursuant to Section 594 of the California Penal Code, and upon conviction thereof shall be punished by imprisonment in the state prison or in a county jail for a period not to exceed one year, or by a county jail for a period not to exceed one year, or by a fine of $5,000, but no more than $50,000, depending upon the severity and the amount of defacement, damage or destruction to property, or by both such fine and imprisonment.

(Ord. 163 § 12, 1997.)

(1) Upon conviction of any person for violation of PAMC 9.15.030, 9.15.040, or 9.15.050, or any state law pertaining to vandalism of property with a graffiti implement, the city shall petition the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the city shall request any adult or emancipated minor convicted of vandalism, as defined by Section 594(a)(1) of the California Penal Code, to: (a) complete a minimum of 24 hours, but no more than 48 hours, of community service cleaning up, removing and repairing property damaged by graffiti or other work cleaning or repairing city property for the first conviction; and (b) complete 48 hours, but no more than 96 hours, of community service cleaning up, removing, and repairing property damaged by graffiti or other work cleaning or repairing city property for each subsequent conviction.

(2) Any person who is under the age of 18 when he or she violates any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Section 602 of the California Welfare and Institutions Code by reason of the commission of vandalism, may be required to perform community service time pursuant to Section 728 of the California Welfare and Institutions Code. For any minor adjudicated guilty of vandalism, the city will petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the emancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.

(Ord. 163 § 13, 1997.)

For each conviction of a person aged 13 to 21 for violation of PAMC 9.15.030, 9.15.040, or 9.15.050, or any state law pertaining to vandalism of property with a graffiti implement, the city shall petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance to California Vehicle Code Section 13202.6.

(Ord. 163 § 14, 1997.)

The city council declares that, should any provision, section, paragraph, sentence, or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, section, paragraphs, sentences, and words of this chapter shall remain in full force and effect.

(Ord. 163 § 15, 1997.)

The existence of graffiti is declared to be obnoxious and a nuisance, and may be abated pursuant to Chapter 8.05 PAMC, Nuisances, in addition to and not in lieu of any other available remedies.

(Ord. 163 § 16, 1997.)

A reasonable administrative fee (which may include, without limitation, courts costs, staff time, law enforcement costs and attorneys' fees) may be imposed against any person found in violation of this chapter as a part of any abatement hereunder in addition to and not in lieu of any other fine, charge, fee, cost, assessment or payment imposed in connection with any violation of this chapter. Said fee may be included in the costs of removal upon which an assessment may be imposed hereunder.

(Ord. 163 § 17, 1997.)

The remedies provided in this chapter are in addition to other remedies and penalties available under provisions of applicable ordinances of the city and the laws of the state of California. All provisions of the Point Arena Municipal Code, as heretofore adopted by the city of Point Arena, which are in conflict with the provisions of this chapter are repealed.

(Ord. 163 § 18, 1997.)

(Ord. 163 Exh. A, 1997.)