Shafter Municipal Code Ch. 9.36 Graffiti Prevention and Abatement

The purpose of this chapter is to prevent graffiti and provide for the prompt abatement of graffiti from public and private property in the city; to provide for methods of controlling the sale, use and possession of instruments used in creating graffiti; and to encourage citizens to report occurrences of graffiti vandalism within the city.

(Ord. 450 § 2 (part), 1993)

"Graffiti" means, but is not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, drawn or painted upon any public or private property, either real or personal, 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. 450 § 2 (part), 1993)

The city declares graffiti to be a public nuisance to be abated pursuant to the provisions provided in Chapter 8.28 of this code. Nothing in this or any other chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance under applicable civil or penalty code provisions as an alternative to the proceedings set forth herein.

(Ord. 450 § 2 (part), 1993)

A. It is unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish any marker pen with the tip exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen years who is not accompanied by a responsible adult.

B. It is unlawful for any person under the age of eighteen years to purchase a marker pen(s) with the tip exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry.

C. Every retailer selling or offering for sale marker pens with the tip exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry, shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating:

"ANY PERSON WHO MALI-CIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH INK OR OTHER PERMANENT LIQUIDS IS GUILTY OF VANDALISM, PUNISHABLE BY FINE AND/OR IMPRISONMENT."

(Ord. 450 § 2 (part), 1993)

A. It is unlawful for any person under the age of eighteen years, who is on private property, without the consent of the owner, tenant or operator thereon, or who is in a public place, to possess a marker pen with the tip exceeding four millimeters in width, containing anything other than a solution which can be removed with water when dry. For purposes of this section, a "public place" includes, but is not limited to, all public buildings and facilities, public highway, street, alley or way, regardless of whether that person is or is not in any automobile, vehicle or other conveyance. This section shall not apply to the possession of a marker pen with the tip exceeding four millimeters in width, by a minor under the supervision of a responsible adult.

B. It is unlawful for any individual, who is on private property, without the consent of the owner, tenant or operator thereon, to possess an aerosol or pressurized container of paint for the purpose of defacing property.

(Ord. 450 § 2 (part), 1993)

A. General. Any person applying graffiti to any private or public property within the city shall have the duty to remove same in a manner approved by the city and the property owner within a time specified by the city or its designated representative. Failure of any person to so remove graffiti as directed shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied by a minor, the parent or guardian thereof shall be jointly and severally liable with the minor for any damages resulting therefrom. The application of graffiti to any private or public property within the city shall be punished as set forth in Penal Code Section 594 or 640.6.

B. Public Property. Whenever the city manager or his designated representative determines that graffiti exists upon property owned by the city, the city shall take all reasonable and timely steps to remove same. When the property is owned by another public entity in the city, the removal of the graffiti may be authorized by the city or its designated representative, and removal undertaken by the city only after securing written consent of the public entity having jurisdiction over the property.

C. Restitution. Any individual who is found guilty of violating this section shall pay restitution to the property owner, in addition to any other authorized penalty imposed. If the violator is a minor, the parent or guardian shall be jointly 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, with the consent of the property owner, by painting out or other removal of such graffiti.

(Ord. 448 § 2 (part), 1993)

A violation of this chapter, except where otherwise indicated, is a misdemeanor subject to all penalties set forth in the Penal Code of this state and in Section 1.08.010 of this code.

(Ord. 448 § 2 (part), 1993)

The city may provide a reward of up to five hundred dollars in each case for information which leads to the arrest and conviction of graffiti vandals. As part of this incentive, the community development department of the city may establish, publicize, and maintain a "graffiti hot line" for citizens to utilize to report this nuisance.

(Ord. 448 § 2 (part), 1993)