Rancho Santa Margarita Municipal Code Ch. 8.04 Graffiti

Footnotes:

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Editor's note— See editor's note to Title 8.

State Law reference— Graffiti generally, Penal Code § 594 et seq.; graffiti removal, Government Code §§ 38772 et seq., 53069.3.

(a) Graffiti on public and private property in the City creates blight, deteriorates neighborhoods, decreases property values and leads to an increase in other crime.

(b) Strengthened enforcement against possession of graffiti tools and the speedy removal of graffiti will assist law enforcement in preventing the spread of graffiti in the City.

(c) Government Code § 53069.3 authorizes the City to enact an ordinance to use City funds to remove graffiti if it finds graffiti obnoxious and also authorizes the City to enact an ordinance to recover City funds spent to remove graffiti.

(d) Graffiti is obnoxious and is a public and private nuisance.

(e) The City authorizes the establishment of a program to allow the use of City funds to remove graffiti from public and private property.

(Ord. No. 17-05, § 1, 10-11-2017)

For the purpose of carrying out the intent of this Chapter, words, phrases and terms used herein shall have their ordinary meaning, unless otherwise defined below:

Cost of removal includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person(s) responsible for the graffiti.

Etching tool means any sharp or pointed instrument, which is capable of etching or marking glass, plastic, wood, metal or concrete surfaces. This definition includes, but is not limited to, picks, scribes, awls, markers, and etchers.

Felt tip marker means any indelible marker or similar implement with a tip which at its broadest width is at least one-eighth-inch, containing an ink which is not water soluble.

Graffiti means any unauthorized inscription, word, figure, mark, symbol, or design that is written, marked, etched, scratched, drawn, or painted on any public or private real or personal property.

Graffiti implement means any implement capable of marking a surface to create graffiti, including, but not limited to, spray actuators, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools, or other implements capable of scarring glass, plastic, wood, metal or concrete. Graffiti implement does not include highlighters used to mark reading materials or other implements otherwise regulated by state law.

Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth-inch in width, visible from a distance of 20 feet, and not water soluble.

Spray actuator means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.

(Ord. No. 17-05, § 1, 10-11-2017)

It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, permanent structures, or places located on public or privately owned property within the City.

(Ord. No. 17-05, § 1, 10-11-2017)

It is unlawful for any person to possess any graffiti implement for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property; provided, however, that nothing in this Section shall be construed to permit conduct which is prohibited by Penal Code § 594.1.

(Ord. No. 17-05, § 1, 10-11-2017)

(a) It is unlawful for a minor to possess any graffiti implement while upon public or private property, without the express consent of the owner of such property.

(b) This Section shall not apply to a minor who is accompanied by a parent or legal guardian, or is 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 has, as a written requirement of the class, the need to use any graffiti implement.

(Ord. No. 17-05, § 1, 10-11-2017)

It is unlawful for the owner of any private property to permit graffiti or other inscribed materials to remain on structures so as to be capable of being viewed by a person utilizing any public right-of-way in the City, provided the City has given written notice to the owner or occupant requiring removal of the graffiti within a period of not less than three calendar days and such time period has elapsed without remedial action.

(Ord. No. 17-05, § 1, 10-11-2017)

(a) Whenever the City Manager determines that illegal graffiti exists, the City Manager, or the City Manager's designee, is authorized to arrange for the removal of the graffiti solely at the City's cost and expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:

(1) Removal of graffiti on property owned by a public entity other than the City shall be authorized only after securing the consent of the other public entity;

(2) Removal of graffiti on private property shall be authorized only after securing the consent of the property owner; and

(3) In removing the graffiti, the area painted or repaired shall not be more extensive than that covered by the graffiti.

(b) The procedure for abatement set forth in this Chapter is an alternative procedure to any other procedure permitted by state or local law, including, but not limited to, those procedures set forth in Chapter 8.03 of this Title, and shall neither prohibit the use of any other lawful abatement procedure nor be deemed to prevent the City Council from ordering the commencement of any civil action to abate a nuisance as an alternative to, or in conjunction with, the proceedings set forth in this Chapter. In addition thereto, any nuisance that is defined as a misdemeanor or infraction by any provision of this Code, or by any of the provisions of any code, building standard, regulation or other standard adopted and incorporated by reference by this Code, may be abated by criminal prosecution.

(Ord. No. 17-05, § 1, 10-11-2017)

(a) Whenever graffiti has been removed from public or private property at the expense of the City, all costs of removal shall be a personal obligation against the person who placed any of the graffiti. If such person(s) is a minor, the parent or legal guardian having custody and control of the minor shall be jointly and severally liable with the minor to the fullest extent permitted by law.

(b) Upon the determination of the costs of removal, the City shall invoice the responsible person(s) for such costs.

(c) Subject to the notice and hearing requirements of Section 8.03.050, the City may, at its discretion, make the cost of removal of graffiti a special assessment against the property of the person who placed any of the graffiti in accordance with Section 8.03.060. If such person is a minor, the cost of removal of graffiti may be made a special assessment against the property of the parent or legal guardian having custody and control of the minor.

(Ord. No. 17-05, § 1, 10-11-2017)

A reward in an amount established by resolution of the City Council may be authorized, offered and paid by the City to any person who provides information which leads to the determination of the identity of, and the apprehension and conviction of, any person who defaces with graffiti, public or private property within the City. In the event of damage to public property, the person committing the graffiti or, if that person is a minor, the parent or legal guardian having custody and control of the minor, shall be liable to reimburse the City for any rewards paid pursuant to this Section.

(Ord. No. 17-05, § 1, 10-11-2017)

In addition to other penalties under state law which may be applicable, any violation of this Chapter shall be a misdemeanor offense punishable as provided in Chapter 1.03.

(Ord. No. 17-05, § 1, 10-11-2017)