Selma Municipal Code Ch. 21 Graffiti

The following terms and phrases as used in this chapter shall mean:

AEROSOL SPRAY PAINT CONTAINER: Any aerosol or pressurized container of paint and/or any wide tipped marker pens exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry.

GRAFFITI: Any unauthorized inscription, work, figure, design, writing or picture which is marked, etched, scratched, drawn or painted upon any public property or any structure, wall, fence, sidewalk, sign, public utility box or any structural component of any building, bridge, structure or any facility in public view to any person utilizing any public street in the city, including, but not limited to, any roadway, parkway, sidewalk or alley. (Ord. 93-11, 1-18-1994)

It shall be unlawful for any person to sell, exchange, give, loan or otherwise transfer or cause or permit to be sold, exchanged, given, loaned or otherwise transferred any aerosol spray paint container or wide tipped marker pen, to any person under the age of eighteen (18) years. (Ord. 93-11, 1-18-1994)

It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or on private property, without the consent of the owner, tenant or operator thereon, and who is not accompanied by a responsible adult, to possess an aerosol spray paint container or wide tipped marker pen. (Ord. 93-11, 1-18-1994)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint containers, or wide tipped marker pens, shall store or cause such aerosol spray paint containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. (Ord. 93-11, 1-18-1994)

Any person engaged in the retail sale of aerosol spray paint containers and/or wide tipped marker pens, shall display at the location of retail sales a sign clearly visible and legible to employees and customers which states as follows:

It is unlawful for any person to sell, lend or give to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, an aerosol or pressurized container of paint or wide-tipped marker pens exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry.

(Ord. 93-11, 1-18-1994)

(A) General: Any person applying graffiti within the City shall have the duty to remove same in a manner approved by the City and the property owner within 24-hours after notice by the City or a public or private owner of the property involved. Failure of any such person to remove graffiti shall constitute an additional violation of this Chapter. Consistent with Civil Code § 1714.1 where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of cost thereof.

(B) Public Property: Whenever the City Manager or his designee representative determines that graffiti exists upon property owned by the City, it shall be removed as soon as possible. When the property is owned by a public entity other than the City, the removal of the graffiti may be authorized by the City Manager or his representative and the removal undertaken by the City only after securing the consent of the public entity having jurisdiction over the property.

(C) Property Owner Responsibility: Any person who is the owner of or is in possession and control of real property or who is otherwise primarily responsible for control of the property or repair or maintenance of the property in the City of Selma that has been defaced with graffiti who receives a notice to remove graffiti issued by the City, by personal delivery or by certified mail or by a posting in a conspicuous place on the property where the graffiti is located, shall be required within ten (10) days of such notice to cause the graffiti to be removed. The notice shall include a form which when executed will provide consent and a general release of liability to the City allowing the City to enter upon the property and remove the graffiti. If the consent and general release from liability is executed and the City is notified of its execution, the City will enter upon the property for purpose of removing, repairing, or painting over the graffiti free of charge. The notice shall apprise the property owner or other lessee or person in possession of real property that if the consent and release is not executed the graffiti must be removed, repaired or painted over by the property owner or person in possession. Failure to remove, or failure to execute the consent and release of liability form that will accompany the notice and allowing the City remove, repair or paint over the graffiti, within ten (10) days of the date of the service of the notice shall result in the imposition of daily fines in the amount of one hundred dollars ($100.00) per day for each day the property remains defaced for a period of ten (10) days after service by personal delivery or by certified mail or by posting at a conspicuous place on the property where the graffiti is located, written notice to the owner and to any lessee, occupant or other person having possession of the real property that graffiti must be removed within such ten (10) day period. When daily fines so imposed equal or exceed one thousand five hundred dollars ($1,500.00), the City Attorney is authorized to file a civil suit for the recovery of such fines or penalties and an order of the court allowing the City to enter upon the property and remove, repair or paint over the graffiti or mandating that the owner do so within a specified time following entry of the abatement order in any such action.

(D) Responsible Party For Real Property: Notwithstanding any term or provision to the contrary in any oral or written lease or rental agreement, property management, maintenance, or similar agreement granting possession or control of real property to another, the owner or owner's of real property in the City of Selma in the possession or under the control of any other person, lessee, tenant, property manager, caretaker or custodian of any type shall be deemed to have consented to the removal of graffiti from the real property either by the City or by such lessee, tenant, property manager, caretaker, custodian or other person in possession or control of the real property upon that person's giving consent to or conducting the removal of graffiti from the real property. It shall be unlawful for any owner of real property of the City of Selma to take any adverse action against any person lawfully in possession or control of the property for having complied with or attempting to comply with an notice to remove graffiti on the property issued by the City of Selma. (Ord. 2018-5, 5-7-2018; amd. Ord. 2025-04, 4-15-2025)

Any individual who is found guilty of violation of subsection 6-21-6(A) of this chapter shall pay restitution to the property owner, in addition to authorized penalties. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his/her payment under the direction of at least one parent or guardian by painting out any graffiti. (Ord. 93-11, 1-18-1994)

Nothing in the foregoing sections shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. (Ord. 93-11, 1-18-1994)

No portion of this chapter is intended to supersede any California Penal Code sections which govern similar actions, such as section 594.1 of the Penal Code. It is intended that this chapter be construed as supplementing State law concerning graffiti and the sale and possession of aerosol spray paint containers. (Ord. 93-11, 1-18-1994)