Rosemead Municipal Code Ch. 9.12 Offenses Against Property

A. It is unlawful to construct or maintain any gate in any fence in such manner that such gate may be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic.

B. It is unlawful to cause or permit any gate in any fence to be or remain opened outward over any portion of any public highway open for either pedestrian or vehicular traffic.

(Prior code §§ 4110, 4110.1)

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any garbage, swill, cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings or trash, or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way, or any public or private property of any kind whatsoever.

(Prior code § 4130)

It is unlawful for any person, firm or corporation, to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain, or flood control channel owned by or controlled by any public agency within the city, any water, mud, sand, oil or petroleum.

(Prior code § 4131)

No person shall willfully or maliciously break or destroy any window, windowsash, door, blind or pane of glass of any occupied or unoccupied house or outhouse in the city or enter any unoccupied house or outhouse and commit any nuisance therein or break, destroy or injure anything therein or any part of the house or outhouse, or any fence, or improvement whatever, or aid, abet or assist anyone to commit such nuisance or injure such property.

(Prior code § 4132)

No person shall trespass in, upon, on or across the property of another, without the permission and consent of the person in charge or control thereof, provided that such persons shall have posted at each of the corners of the property, a notice in writing, upon either a metallic or wooden sign, or other substantial material, which sign shall be at least one square foot in area, and shall be placed three feet above the normal level of the ground, and upon which posted notice there appears in legible letters, at least two inches in height, the words, "PRIVATE PROPERTY—NO TRESPASSING." and such other words as may be desired indicating that trespassers are subject to prosecution. The sign shall have either a white or black base, and in the event the white base is used, the letters shall be in black, and if a black base is used, the letters shall be in white; provided, further, that in the event the property exceeds a total area of one acre, in addition to the posting of such notices at the corners thereof, there shall be posted at intervals of three hundred (300) feet, or less, on or near the boundary lines of the property, notices of similar character.

These provisions shall have no application to a trespass committed by any officially authorized peace officer or law enforcement agent when such trespass is committed in the execution of such officer or agent's official duty, nor to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.

(Prior code § 4139)

No person shall pick any flower or flowers growing in any public park, or place, of the city, except by the express authorization of the superintendent thereof.

(Prior code § 4140)

Any person, firm or corporation who owns or has the care or management of any real property and willfully permits any part of the property to become so unsightly as to detract from the appearance of the immediate neighborhood, and who fails to remedy the condition within thirty (30) days from being ordered to do so by the City Council upon recommendation of the City Planning Commission is guilty of a misdemeanor.

(Prior code § 4162)

A. Removal. No person shall remove any commercially-owned shopping cart, shopping basket or other similar device from the premises of any business establishment within the City.

B. Abandonment. No person shall abandon or leave any commercially-owned shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment upon any public street, alley, sidewalk, parkway or other public place within the City, nor upon any private property within the City except that of the owner of such cart, basket or device. If necessary, the City may impound a shopping cart that is located outside the business premises in accordance with California Business and Professions Code section 22435.8. Any fees for such removal will be set established by resolution of the City Council.

C. Possession. No person shall have in his or her possession within the City any commercial shopping cart, shopping basket or other similar device. Persons that violate this section may be subject to a fine as established by resolution of the City Council.

D. Definitions. For purposes of this section, the following words and terms have the following meanings:

"Business Establishment" means any business which offers or provides shopping carts for the use of the customers of such business, regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.

"Commercial Shopping Cart" means a basket which is mounted on wheels or a similar device that is generally used in a business establishment for the purpose of transporting goods of any kind. "Commercial shopping cart" does not include personal folding carts or other similar devices that are purchased for personal use.

"Commercially-owned Shopping Cart" means a basket which is mounted on wheels or a similar device that is owned by a business establishment and is generally used by a customer in the business establishment for the purpose of transporting goods of any kind.

"Premises" means any building, property or other area upon which any business establishment is conducted or operated, including the parking area provided for customers of such business establishment.

(Ord. No. 937, § 2, 2-24-15; Ord. No. 934, § 1, 12-10-13; Prior code § 4168)

A. 1.

No person shall remain upon any private property or business premises, after being notified by the owner or lessee or other person in charge thereof to remove therefrom.

2. No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon such private property or business premises after having been notified by the owner or lessee or other person in charge thereof to keep off or keep away therefrom.

B. Exceptions. The provisions of subsection A of this section shall not apply in any of the following instances:

1. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or natural origin;

2. Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers;

3. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

4. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving offensive personal conduct;

5. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable (but not limited to) the following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; employer-employee disputes; disputes between partners or covenanters in business; debtor-creditor disputes; and instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

(Prior code §§ 4170, 4170.1)

A. Graffiti Defined. "Graffiti" means the unauthorized inscribing, printing, writing, scrawling, chiseling, painting, spraying of paint or marking of ink, chalk, dye or other similar substances, or placing of any adhesive stickers, paper, fabric, plastic or other material with an adhesive paste that are not easily removable, on public or private buildings, structures, places, walls, fences, trees, posts, or other real or personal property.

B. Graffiti Prohibited. No person shall willfully inscribe, print, write, scrawl, chisel, paint, mark, cut or otherwise place any graffiti or writings, drawings, figures, symbols or other inscription on any wall, fence, tree, post, or other real or personal property not his or her own and without the permission of the owner thereof, in such a position or location and of such a size as to be visible to members of the public in the normal use of public streets, ways or other public places. The practice or act of placing any such graffiti, writings, drawings, figures, symbols or other inscriptions on such real or personal property is found and determined to be a public nuisance.

C. Sale and Possession of Aerosol Spray Paint Cans By Juveniles. It is unlawful for any person to sell, exchange, give or loan, or cause or permit to be sold, exchanged, given or loaned, any pressurized can or other container commonly known as an aerosol spray paint can or container which contains paint or dye, and/or any permanent writing instruments having a porous point, tip or nib in excess of one-sixteenth of one inch in width at its widest point (hereinafter referred to as "writing instrument") and/or glass etching tools to anyone under the age of eighteen (18) years. It is unlawful for anyone under the age of eighteen (18) years to purchase or otherwise obtain any aerosol spray paint can, writing instrument or glass etching tools or for a juvenile to possess an aerosol spray paint can, writing instrument or glass etching tools in a public place unless such juvenile is in the presence of his or her parent or guardian.

D. Business Signage and Storage Requirements.

1. Any business or establishment offering for sale to the public any paint or dye which is packaged for sale in a pressurized container commonly known as an aerosol spray paint can or container, writing instruments as described in subsection (B) of this section and/or glass etching tools shall provide, post and maintain a sign which contains "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both." The letters will be at least one-half inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol spray paint cans, writing instruments or glass etching tools.

2. Any business or establishment offering for sale to the public any paint or dye packaged in aerosol spray paint cans or containers, writing instruments as described in subsection (A) of this section, or glass etching tools, shall keep, store and maintain such aerosol spray paint cans or containers, writing instruments or glass etching tools in a place that is locked and secured, or otherwise inaccessible to the public.

E. Property Owner Responsibilities. It is unlawful for the owner of any private property or vehicle to permit graffiti or other inscribed material to remain so as to be capable of being viewed by a person utilizing any public right-of-way in the City, such as a road, parkway or alley, providing the City has given the property owner written notice to remove the graffiti within a period of ten calendar days, and the ten-day period has elapsed, unless the property owner agrees in writing to allow the City to remove the graffiti.

F. Graffiti Removal.

1. Any person who applies graffiti within the City shall have the duty to remove the same within twenty-four (24) hours after notice by the City or the public or private owner of the property involved. The failure of any person to so remove the graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by juveniles, the parent or parents shall be responsible for such removal or for the payment thereof.

2. The following procedure shall be followed for removal of graffiti by the City, with the consent of the property owner. Whenever the City determines that graffiti or other inscribed materials is so located on public or private property so as to be capable of being viewed by a person utilizing any public right-of-way, and the owner of the property consents to the removal by the City of the graffiti, the City shall be authorized to provide for the removal of the graffiti, upon the following conditions:

a. If the City provides for the removal of graffiti, it shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.

b. Prior to the removal of graffiti, the City shall obtain written consent of the owner and the owner shall execute an appropriate release prepared by the City attorney.

c. The City reserves the right to recover city costs and expenses pursuant to Section 9.12.100(G) of this Chapter, Penal Code Section 594, Civil Code Sections 731 and 1714.1, and Government Code Section 38771 et seq. and Welfare and Institutions Code Section 742.10 et seq. from any person, including any parent or legal guardian of a minor, who has willfully damaged property in a manner described within Section 9.12.100(B) of this code.

G. Financial Liability for Cost of Graffiti Abatement.

1. When the disposition of a criminal case, or a proceeding pursuant to Welfare and Institutions Code Section 602, determines that a minor or other person in such case is responsible for creating, causing or committing the graffiti which was abated summarily by the City, that same person, or in the case of a minor, the minor's parent or parents or legal guardian, shall be liable for all abatement and related costs incurred by the City. These costs shall include, but are 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 the identification and apprehension of the minor or other person responsible for the graffiti or other inscribed material on publicly or privately owned permanent real or personal property within the City, as prescribed within Government Code Sections 38772—38773.6 and 53069.3.

a. The determination of responsibility for creating, causing or committing the graffiti shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to any violation of Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7.

b. In the case of a minor, responsibility for creating, causing or committing the graffiti shall also be determined upon a conviction by final judgment or by the minor being made a ward of the Juvenile Court pursuant to Welfare and Institutions Code Section 602 by reason of the commission of any act prohibited under Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7.

2. The City may recover all city funds used to remove graffiti, repair or replace graffiti-damaged real or personal property within the City by making the expense of abatement of the nuisance, as defined by Government Code Section 38772, a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Government Code Section 38773.2 or 38773.6. The parent(s) or guardian(s) having custody and control of the minor shall be jointly and severally liable with the minor pursuant to Government Code Sections 38772, 38773.2 and 38773.6. The graffiti nuisance abatement lien shall be created as follows:

a. The City shall give notice of intent to record a graffiti nuisance abatement lien to the minor or other person prior to recordation of a lien on the parcel of land owned by the minor or other person responsible for creating the graffiti nuisance. If appropriate, the City shall also give notice of intent to record a graffiti nuisance abatement lien to the parent or guardian having custody of the minor responsible for creating the graffiti nuisance prior to recordation of a lien on the parcel of land owned by the parent or guardian. Any such notice of intent to record a graffiti nuisance abatement lien shall be served by personal service in the same manner as a civil action in accordance with the Code of Civil Procedure Section 415.10. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.

b. A graffiti nuisance abatement lien shall be recorded in the County Recorder's Office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

c. A graffiti nuisance abatement lien authorized by this section shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.

d. If the lien is discharged, released, or satisfied through payment or foreclosure, notice of the discharge containing the information specified in Subsection (G)(3) shall be recorded by the governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

e. A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the City.

f. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

3. As an alternate to a graffiti nuisance abatement lien, the City may recover its costs, as delineated above, as a special assessment against the parcel of land owned by the minor or other person responsible for creating the graffiti or by the parent or guardian having custody and control of the minor responsible for creating the graffiti. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes pursuant to Government Code Section 38773.6.

4. Any parent or legal guardian of a minor is personally liable for any and all costs to the City incurred in connection with the removal of graffiti caused by the conduct of said minor, and for all attorneys' fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement. The City may pursue all available legal remedies against a parent or legal guardian to satisfy any judgment or recover any owed amounts.

5. Second or subsequent criminal judgment. Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that a person described in paragraph (3) of subdivision (d) of [Government Code] Section 38772 is responsible for the defacement of property of another by graffiti or other inscribed material, the court may order damages in an amount treble the costs of abatement pursuant to Government Code Section 38773.7

H. Penalties.

1. Any person convicted of violating Section 9.12.100(E) of this chapter for the first time shall be guilty of an infraction and shall be punished by a fine of five hundred dollars ($500.00).

2. Any person convicted of violating Section 9.12.100(E) of this chapter for the second time shall be guilty of an infraction shall be punished by a fine of one thousand dollars ($1,000.00).

3. Any person convicted of violating Section 9.12.100(E) of this chapter for a third or any subsequent time shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000.00), imprisonment not exceeding six months or by both such fine and imprisonment.

4. When found guilty of an infraction as noted in either subsection (H)(1) or (H)(2) above, it shall be the court's option to require the monetary fine or to substitute community service to be accountable at the minimum wage rate.

5. Any person convicted of violating any provision of this chapter except for Section 9.12.100(E) shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000.00), imprisonment not exceeding six months or by both such fine and imprisonment.

I. Rewards. The City council may, by resolution, establish a reward for information leading to the identification, apprehension and conviction of any person who places graffiti upon any public or private property in the City. The resolution may require that the convicted offender reimburse the City for any reward paid and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

J. Alternate Actions. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance, or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property, in addition to or as alternatives to the proceedings set forth in this chapter.

(Ord. 732 § 1, 1993; prior code §§ 4171, 4171.1, 4171.2)

(Ord. No. 922, § 2, 1-10-12)