Chapter 9.57

GRAFFITI PROHIBITIONS

Parts:

• 1 Findings and Declaration

• 2 Definitions

• 3 Maintenance of Graffiti Defaced Property

• 4 Enforcement and Penalties

Part 1

FINDINGS AND DECLARATION

This chapter is not intended to and shall not be used or interpreted to prevent or prohibit the development or improvement of real property pursuant to and in full compliance with all planning, building or grading permits or approvals. (Ord. 26419.)

• A. Notwithstanding any specific provision of this chapter to the contrary, whenever the provisions of federal or state law, or regulations duly promulgated thereunder, are more restrictive than or cover matters not addressed by this chapter, then those provisions of the federal or state law or regulation shall prevail, apply and control.

• B. This chapter shall not prohibit the discing of lands that are required by the state or federal government, or an agency thereof, as a condition of a permit to relocate or otherwise protect burrowing owls or other animal or plant species.

• (Ord. 26419.)

Sections:

The city council finds that graffiti on public and private buildings, structures, and on personal property, including motor vehicles, creates a condition of blight within the city that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The city council further finds that the presence of graffiti is inconsistent with the city's goals of maintaining property, preventing crime, and preserving aesthetic standards.

(Ord. 27509.)

*Editor’s note— Ord. 29746, adopted June 28, 2016, repealed Ch. 9.56, §§ 9.56.010 -9.56.030, 9.56.400 and 9.56.410, which pertained to ozonedepleting compounds and derived from Ords. 23438 and 24087.

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HEALTH AND SAFETY

§ 9.57.310

Any real or personal property upon which there exists graffiti as set forth in this chapter is hereby declared and determined to be a public nuisance.

(Ord. 27509.)

Part 2

DEFINITIONS

Sections:

• 9.57.210 Boat.

• 9.57.220 Graffiti.

• 9.57.230 Motor vehicle. 9.57.240 Trailer.

The definitions set forth in this part shall govern the application and interpretation of this chapter, except as otherwise specifically set forth. (Ord. 27509.)

scooter, golf cart, or other similar self-propelled vehicle. "Motor vehicle" does not mean a motorized wheelchair, bicycle, tricycle or quadricycle. (Ord. 27509.)

"Trailer" means a vehicle designed for carrying persons or property on its own structure, which may be drawn by a motor vehicle.

(Ord. 27509.)

Part 3

MAINTENANCE OF GRAFFITI DEFACED PROPERTY

Sections:

• 9.57.300 Real and personal property defaced with graffiti.

• 9.57.310 Motor vehicles, boats and trailers defaced with graffiti on street.

"Boat" means a boat of any kind, whether self-propelled or propelled by any other means, including sailing vessels and all other structures adapted to be navigated on water from place to place for recreational purposes or for the transportation of merchandise or persons. (Ord. 27509.)

No person shall maintain graffiti that has been placed upon, or allow graffiti to remain on, any real property, including but not limited to any building or structure, nor on any motor vehicle, boat, trailer, or other personal property located on the real property, when the graffiti is visible from a street or from any other public or private property. (Ord. 27509.)

"Graffiti" means an unauthorized inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn or painted on any real or personal property. (Ord. 27509.)

"Motor vehicle" means a passenger vehicle, truck, recreational vehicle, motorcycle, motor

No person shall maintain graffiti that has been placed upon, or allow graffiti to remain on, any motor vehicle, boat, or trailer that is parked on a public street or any other public right-of-way when the graffiti is visible from a street or any other public or private property. (Ord. 27509.)

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SAN JOSÉ CODE

§ 9.57.400

Part 4

ENFORCEMENT AND PENALTIES

Sections:

• A. Without limiting the generality of the provisions in Title 1, any person who violates any provision of this chapter shall be subject to enforcement for each violation through any lawful means available to the city, including without limitation, administrative nuisance abatement procedures in accordance with Chapter 1.13 of Title 1 of this Code, the administrative citation procedures in accordance with Chapter 1.15 of Title 1 of this Code, the administrative remedies procedures in accordance with Chapter 1.14 of Title 1 of this Code, or the enforcement provisions set forth in Chapter 1.08 of Title 1 of this Code.

• B. Any person who violates the provisions of Section 9.57.300 of this chapter shall also be subject to the abatement procedures set forth in Chapter 17.02 of this Code.

• (Ord. 27509.)