San Bruno Municipal Code Art. III Prohibited Acts

It is unlawful and a misdemeanor for any person to apply graffiti to any building, structure, tree, shrub, curb or vehicle located within the city. It is also unlawful and a misdemeanor for any person to apply or affix any adhesive label to any building, structure, tree, shrub, curb or vehicle not owned or lawfully possessed by such person, or without advance authorization by the owner thereof.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

A. It is unlawful and a misdemeanor for any person under the age of eighteen years to have in his or her possession any graffiti implement or other instrument as described in this section while upon private property without the prior written consent of the owner of such property, or upon a public highway, street, alleyway, park, playground, swimming pool, public building or any area open to the public:

1. Any spray can containing anything other than a solution which can be removed by water after it dries;

2. Any spray can tips, other than those affixed to a spray can not meeting the description of Section 5.16.040(A)(1);

3. Any felt tip marker pens containing anything other than a solution which can be removed with water after it dries;

4. Any container holding anything other than solution that can be removed with water after it dries and which can be used to apply that solution. This includes, but is not limited to, acrylic paint tubes, oil paint tubes, shoe dyes, paint sticks and bottles and cans of such solutions; and

5. Objects capable of etching glass or ceramic surfaces, including, but not limited to, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels and any solution capable of etching these surfaces when applied including acids and etching baths.

B. The provisions of this section shall not apply to any person under the age of eighteen years attending or traveling to or from school, at which time the minor is enrolled, if the minor is participating in a class at said school which has a written requirement of the class for the possession of the implements or instruments described in this section. The burden of proof in any prosecution for a violation of this section shall be upon the minor student to establish enrollment in a class that requires the possession of a graffiti implement or other instrument described in this section.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

It is unlawful and a misdemeanor for any person to have in his or her possession any graffiti implement while in or upon any public park, playground, swimming pool, recreation facility or while in or within, ten feet of an overpass, underpass, bridge, abutment, storm drain or similar types of infrastructure not normally used by or accessible to the public, except as may be authorized by the city.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

Notwithstanding the provisions of Section 5.16.070 of this chapter, it shall be unlawful for any person to sell, give, trade, loan or exchange or display for sale, trade, loan or exchange, any graffiti implements identified in Section 5.16.040(A)(1) through (5) (inclusive) of this chapter at any swap meet, open-air market, flea market or yard sale in the city of San Bruno.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

A. Furnishing Graffiti Implements to Minors Prohibited. It is unlawful and a misdemeanor for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish or cause or permit to be exchanged, given, loaned or otherwise furnish any of the graffiti implements identified in Section 5.16.040(A)(1) through (5) (inclusive) of this chapter to any person under the age of eighteen years without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing.

B. Display and Storage Requirements for Commercial, Retail, and Industrial Establishments. It is unlawful and a misdemeanor for any person who owns, conducts, operates or manages a commercial, retail or industrial establishment where any graffiti implement is sold, to store or display or cause to be stored or displayed, aerosol paint or etching cream (or other such solvents) in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of the California Penal Code Section 594.1(c) by posting signs as described therein.

C. Any person or business engaged in the retail sale of any graffiti implement 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, without prior written authorization from a parent or legal guardian, any graffiti implement or other device capable of being used to deface real or personal property. Any person who maliciously defaces real or personal property is guilty of vandalism which is punishable by a fine, imprisonment or both.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

Notwithstanding any other provision of this code, it shall be unlawful and a misdemeanor for any person to cause, permit, aid, abet or suffer any graffiti or graffiti prone structure or surface which is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public to remain on any building, structure, tree, shrub, sidewalk, curb or vehicle owned, possessed or within the custody or control of such person, or located on real property owned, possessed or within the custody or control of such person. Each day that graffiti is maintained constitutes a new and separate offense, and is subject to the penalties set forth in Chapter 1.28.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)