San Rafael Municipal Code Ch. 8.35 Graffiti Prevention and Removal

The presence of graffiti on public and private property within the city has blighted neighborhoods, has caused aesthetic deterioration of neighborhoods, and has detracted from the image and appearance of San Rafael. The purpose of this chapter is to establish rules and procedures for graffiti prevention and removal.

(Ord. 1708 § 2 (part), 1997).

For the purpose of this chapter, the following words and terms shall have the following meanings:

A. "Graffiti" means any inscription, writing, word, gum label, figure, mark of any kind, or design which is marked, etched, written, drawn, painted, stuck or otherwise applied to or on any surface of any public or private property, real or personal, without the consent of the owner of that property.

B. "Graffiti implement" means any felt tip marker, gum label, paint stick, graffiti stick, etching tool, aerosol container or any device or container which contains paint, ink, chalk, dye or any similar substance and which is capable of resulting in the placement of graffiti upon any surface or substance, including but not limited to glass, metal, concrete, wood, plastic and composites thereof.

C. "Gum label" means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed upon or applied to a surface, cannot be easily removed.

D. "Paint stick/graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy or other similar substance which, when used or applied by pressure to a surface, is capable of resulting in a mark at least one-sixteenth (1/16) of an inch wide or greater.

E. "Aerosol container" means any aerosol based or pressurized container, spray device or other mechanism, which is capable of spraying paint, ink, dye or any similar substance.

F. "Etching tool" means any etching tool, glass cutter or other similar device which is capable of being used to etch, scratch or mark any surface.

G. "Felt tip marker" means any indelible marker or similar implement or device with a tip, containing ink, dye or similar substance, which, when used or applied to a surface, is capable of resulting in a mark at least one-sixteenth (1/16) of an inch wide or greater.

H. "Responsible adult" means a parent or guardian having custody or control of an individual under the age of eighteen (18) years.

I. "Responsible party" means a person applying graffiti, responsible adult, and owner of property where graffiti is located.

(Ord. 1708 § 2 (part), 1997).

It is unlawful for any person to do any of the following:

A. To apply graffiti upon any portion or surface of any public or private property;

B. To have graffiti, visible from the public right-of-way or from any adjacent or neighboring properties, on any portion or surface of property in the person's ownership, control or possession;

C. To fail, after notice has been given pursuant to Section 8.35.070, to remove graffiti prohibited by subsections A and B of this section, from any property.

(Ord. 1708 § 2 (part), 1997).

It is unlawful to do any of the following:

A. For any person to sell, offer to sell, give, distribute or cause to be sold, given or distributed, any graffiti implement as defined in this chapter, to any person who is under the age of eighteen (18) years, and who is not accompanied by a parent, legal guardian or other responsible adult;

B. For any person under the age of eighteen (18) years, to possess any graffiti implement as defined in this chapter, in or on any public property, or in or on any private property without either the express consent of the owner or possessor of that private property, or the accompaniment of a responsible adult;

C. For any person to possess any graffiti implement as defined in this chapter, in or on any public property, or in or on any private property with the intent to apply graffiti as prohibited in Section 8.35.030(A).

(Ord. 1708 § 2 (part), 1997).

Any person engaged in the retail sale of aerosol containers and other graffiti implements, must display at the location of retail, readily visible to the public, a sign which clearly and legibly states the following:

WARNING

IT IS UNLAWFUL FOR ANY PERSON TO SELL, LEND OR GIVE AEROSOL OR PRESSURIZED CONTAINERS OF PAINT, FELT TIP MARKERS, GUM LABELS, PAINT STICKS, ETCHING TOOLS OR OTHER GRAFFITI IMPLEMENTS TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS. VIOLATORS ARE SUBJECT TO FINE AND/OR IMPRISONMENT. S.R.M.C. 8.35.040.

This sign shall contain lettering in at least twenty-eight (28) point type. The city shall make available to retail sellers signs which shall satisfy the requirements of this section.

(Ord. 1708 § 2 (part), 1997).

Any person who violates any section of this chapter shall be subject to any or all of the penalties and remedies enumerated in Chapters 1.42, 1.44 and 1.46 of this code. In addition, any person who violates any section of this chapter may, upon conviction, be ordered to perform community service within the city, in lieu of or in addition to any other penalty imposed therefor. These penalties and remedies shall be cumulative and in addition to any other civil and equitable remedies available under this code or provisions of state law.

(Ord. 1708 § 2 (part), 1997).

A. Any person applying graffiti to any surface within the city shall have the obligation to remove it within ten (10) business days of the date of notice from the city or from the property owner.

B. In circumstances where the person applying graffiti to any surface within the city is under the age of eighteen (18) years, the responsible adult shall also have the obligation to remove it within ten (10) business days of the date of notice from the city or from the property owner.

C. If graffiti has not been removed by the person applying it or the responsible adult within the time specified in subsections A and B of this section, or if the person applying the graffiti or the responsible adult are unknown, the property owner of the location where the graffiti exists shall also have the obligation to remove the graffiti within ten (10) business days of the date of notice from the city.

(Ord. 1708 § 2 (part), 1997).

The notice to responsible party for graffiti removal shall contain:

A. Identification of the location and description of the graffiti;

B. Name and address of the owner of the property where the graffiti is located;

C. That the property owner's consent is necessary prior to removal;

D. That this obligation can be satisfied by voluntarily authorizing city to remove graffiti pursuant to Section 8.35.090;

E. That, if the city removes graffiti upon failure of persons obligated, the responsible parties shall be assessed all direct and indirect costs for the removal of graffiti;

F. Right to a hearing pursuant to Section 8.35.130.

This notice shall be given in accordance with Section 1.46.040 of this code. The failure of any person to receive notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. 1708 § 2 (part), 1997).

The responsible party may satisfy their obligation for graffiti removal by:

A. Executing an agreement with the city for removal of the graffiti;

B. Payment for the costs of removal and administrative fees;

C. Submission of the executed agreement together with costs and fees to the code enforcement officer on or before the tenth business day after date of the notice specified in Section 8.35.070.

If an executed agreement is submitted without the costs and fees, city may, on good cause, give responsible party up to an additional ten (10) business days for submission of costs and fees.

(Ord. 1708 § 2 (part), 1997).

A. City Removal. Upon failure of property owner to remove graffiti from property, or to participate in the city's removal program, within the time required, the city, at its option, may remove the graffiti with the consent of the property owner. If unsuccessful in collecting the costs of removal from the responsible party, the city shall charge the property owner for all direct or indirect costs of removal and, if unpaid, shall assess the costs pursuant to the provisions of Chapter 1.46.

B. Failure to Remove-Administrative Order. In the event that the person applying graffiti, the responsible adult, and/or the property owner do not either remove the graffiti after notice and hearing, if any, or participate in city's graffiti removal program pursuant to Section 8.35.090, or grant city consent to enter to remove graffiti, the city may initiate proceedings to involuntarily remove the graffiti and assess costs, fees, fines and penalties pursuant to Chapter 1.46.

(Ord. 1708 § 2 (part), 1997).

A. Within ten (10) business days of the date of the notice specified in Section 8.35.080, the responsible party may present to the code enforcement officer a written request for a hearing with respect to any of their duties, responsibilities or liabilities under this chapter.

B. The hearing shall be conducted by the administrative hearing officer and shall be conducted in accordance with the procedures for the contest of administrative citations, Sections 1.46.070 and 1.46.080.

(Ord. 1708 § 2 (part), 1997).

The existence of graffiti is declared to be obnoxious and a nuisance, and may be abated pursuant to Chapters 1.42 and 1.46, in addition to and not in lieu of any other available remedies, including the provisions of this chapter.

(Ord. 1708 § 2 (part), 1997).

The remedies provided in this chapter are cumulative and are in addition to and not in lieu of any other means of enforcement which are available to the city, including but not limited to, criminal prosecutions, under this code or under state law.

(Ord. 1708 § 2 (part), 1997).

The city may pay to any person who provides information which leads to the arrest and conviction of any person who applies graffiti, a reward as established by council resolution.

(Ord. 1708 § 2 (part), 1997).

The city may appropriate city funds (as defined in Government Code Section 53069.3(3)) to remove graffiti from publicly or privately owned property located within the city and to replace or repair publicly or privately owned property within the city that has been defaced with graffiti where such graffiti cannot be removed cost effectively.

(Ord. 1708 § 2 (part), 1997).