Chapter 9.56 — GRAFFITI PREVENTION, PROHIBITION AND REMOVAL

Sections:

• 9.56.010 Purpose and intent.
• 9.56.020 Definitions.
• 9.56.030 Unlawful to apply graffiti.
• 9.56.040 Possession of graffiti implements by minors prohibited.
• 9.56.050 Possession of graffiti implements prohibited in designated public places.
• 9.56.060 Unlocking doors, gates or other city facilities deemed unlawful.
• 9.56.070 Reward.
• 9.56.080 Reimbursement of cellular phone costs.
• 9.56.090 Furnishing graffiti implements to minor prohibited.
• 9.56.100 Display for sale requirements.
• 9.56.110 Storage requirements.
• 9.56.120 Civil responsibility for damages for wrongful display or storage.
• 9.56.130 Graffiti declared a public nuisance.
• 9.56.140 Right of city to require removal.
• 9.56.150 Graffiti attracting surface as a nuisance.
• 9.56.160 Right of city to remove.
• 9.56.170 Removal of graffiti as a public nuisance.
• 9.56.180 Ease of removal provisions.
• 9.56.190 Penalties and civil liability of parents.
• 9.56.200 Civil remedies available.

A. The city council specifically finds that graffiti on public or private property is a blighting factor which not only depreciates the value of property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire city. Graffiti also has been found to be a means of identification utilized by gangs and its presence may encourage further gang-related activities. B. California Government Code Section 53069.3 authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to live. C. It is the purpose and intent of the city council, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total community. It is the further intent of the city council, through the adoption of the chapter, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the city will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public and private property. (Ord. 94-04-1178 § 1 (part))

As used in this chapter, the following terms shall have the following meaning: A. "Aerosol paint container" means any aerosol container which is adapted or made for the purpose of applying spray paint, or other substances capable of defacing property. B. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is one-eighth (1/8th) of an inch or greater. C. "Graffiti" means any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, stuck-on, engraved on or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent the same was not authorized in advance by the owner thereof, or despite advance authorization, is deemed by the city council to be a public nuisance. D. "Graffiti attracting surface" means the physical surface of a building, wall, fence, or other work of improvement on or to real property which is visible to any person utilizing any public right-of-way, whether highway, street, parkway or alley, and or designated by the city manager, or designee, as likely to attract graffiti. E. "Graffiti implement" means any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, graffiti sticks, felt-tip markers or marking pens, gum labels, spray actuators, marking instruments, glass cutters, or etching tools or other implements capable of scarring glass, metal, concrete or wood. F. "Gum label" means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable. G. "Paint stick or graffiti stick" means any device containing a solid form of paint, chalk, wax epoxy, or other similar substance capable of being applied to a surface by pressure and upon application, of leaving a mark at least one-eighth of an inch in width. H. "Spray actuator" means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein, also known as a spray tip, nozzle, or button. (Ord. 94-04-1178 § 1 (part))

It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles, and signs, ("structures" hereinafter in this chapter) located on publicly or privately owned real property within the city. (Ord. 94-04-1178 § 1 (part))

It is unlawful for any person under the age of eighteen years to have in his or her possession any graffiti implement while upon public property or upon private property without the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance. This provision shall not apply to the possession of felt tip markers by minors attending, or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at the school which formally requires the possession of such felt tip markers. The burden of proof of any prosecution for violation of this section shall be upon the minor student to establish the need to possess a felt tip marker. (Ord. 94-04-1178 § 1 (part))

It is unlawful for any person to have in his or her possession any graffiti implement while in any public park, playground, swimming pool, recreational facilities, public or private school or while in or within ten feet of an underpass, bridge abutment, storm drain, or other similar type of infrastructure not normally used by the public, except as may be authorized by the city. (Ord. 94-04-1178 § 1 (part))

It is unlawful for any person, not authorized by the proper authority to do so, to unlock, in any manner, any lock, gate, door or any other appurtenance which is owned or under the control of the city. (Ord. 94-04-1178 § 1 (part))

A. Pursuant to Section 53069.5 of the California Government Code, the city does offer a reward in an amount as may be set by resolution of the city council, for information leading to the identification, arrest and conviction of any person who

places graffiti upon any public or private property in the city. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. B. Claims for reward under this section shall be filed with the city in a manner specified by the city council. C. No claim for a reward shall be allowed by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. D. The person committing the graffiti-vandalism, and if an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section pursuant to the provisions of California Government Code Section 53069.5. (Ord. 94-04-1178 § 1 (part))

The city shall reimburse to any person reporting by means of a cellular or mobile phone an act of graffiti-vandalism presently occurring within the city, in the amount of the direct phone charges, exclusive of taxes, incurred by the person. (Ord. 94-04-1178 § 1 (part))

It is unlawful 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 furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian, which consent shall be given in advance in writing. (Ord. 94-04-1178 § 1 (part))

No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any aerosol paint container, paint stick, felt tip marker or marking pen except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representative, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from at all times complying with the requirements of California Penal Code Section 594.1(c) by posting signs as described therein. (Ord. 94-04-1178 § 1 (part))

No person or business engaged in the business of selling, providing or trading aerosol paint containers, paint sticks, felt tip markers, or marking pens shall store such aerosol paint containers, paint sticks, felt tip markers, or marking pens except in either (1) a completely enclosed room which shall, at all times, except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times, except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this section, an owner shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within the larger structure which is occupied by the owner. (Ord. 94-04-1178 § 1 (part))

Any person who displays or stores or permits the display or storage, of any aerosol paint container, paint stick, felt tip marker, or marking pen in violation of the provisions of this chapter shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use of any person of such wrongfully displayed or stored aerosol paint container, paint stick, felt tip marker, or marking pen in violation of the provision of this chapter. (Ord. 94-04-1178 § 1 (part))

The city council declares and finds graffiti to be a nuisance subject to abatement according to the provisions and

procedures contained in this chapter. (Ord. 94-04-1178 § 1 (part))

It is unlawful for any person who is the owner, or who has primary responsibility for control, of property or who has primary responsibility for the repair or maintenance of property (“responsible party” hereinafter in this chapter), to permit the property which is defaced with graffiti to remain so defaced for a period of forty-eight hours after service by city by first class mail of notice of same, unless (1) the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or (2) it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property to remain defaced with graffiti for a period of fifteen days after service of first class mail of notice of same. (Ord. 2023-11-1545 § 22, 2023; Ord. 94-04-1178 § 1 (part))

The existence of any surfaces of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five times in twelve months is deemed to be a nuisance, and may be abated by the city's requiring modification thereto, or to the immediate area surrounding the same, according to the provisions and due process procedures set forth in Chapter 8.12 of this code. Such modifications may include, but are not limited to retrofitting such surfaces at the expense of the property owner(s) not to exceed a total cost of five hundred dollars, or at the cost of the city at the city's option, with features or qualities as necessary to reduce the attractiveness of the surface for graffiti or as necessary to permit more convenient, expedient, or efficient removal of graffiti therefrom. (Ord. 94-04-1178 § 1 (part))

A. Whenever the city becomes aware, or is notified and determines that graffiti is located on public or privately owned property viewable from a public or quasi-public place within the city, the city shall be authorized to use public funds for the removal or for the painting or repairing of same. The city, however, shall not be authorized or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city manager, or designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. B. Prior to entering upon private property or property owned by a public entity other than the city, for the purposes of removal of graffiti, the city shall secure the consent of the responsible party and a release of the city from liability for private or public property damage. (Ord. 94-04-1178 § 1 (part))

If a responsible party fails to remove the offending graffiti pursuant to Section 9.56.140 within the time specified in this chapter, or if the city requests consent to remove or paint over the offending graffiti pursuant to Section 9.56.160 and the responsible party refuses consent for entry on terms acceptable to the city, the city may commence nuisance abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions and due process procedures of Chapter 8.12 of this code, which procedures authorize the recovery of all costs incurred by the city in abating graffiti including the recordation of a lien as to affected property. (Ord. 94-04-1178 § 1 (part))

A. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of this chapter, with a uniform paint type and color as directed by the city manager or designee. B. Encroachment permits issued by the city shall be conditioned upon:

1. The permittee shall apply an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city manager, or designee;

2. The immediate removal by the permittee of any graffiti;

3. The right of the city to remove graffiti or to paint the encroaching object or structure;

4. The permittee providing city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti. C. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city may consider imposing any or all of the following conditions:

5. Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the city manager, or designee, to each of the publicly-viewable surfaces to be constructed on the site deemed by the city manager, or designee, to be graffiti attracting surface;

6. Applicant shall grant in writing, the right of entry over and access to such parcels, upon forty-eight hours posting of notice, by authorized city employees or agents, to the city for the purpose of removing or painting over graffiti from graffiti attracting surfaces previously designated by the city manager, or designee, and the right to remove or paint over such graffiti. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

7. Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces;

8. Applicant shall covenant, either as part of the conditions, covenants and restrictions, or as a separate covenant recorded against the individual lot, which covenant shall run with the land and be for the benefit of the city in a form satisfactory to the city, that the owner of the lot shall immediately remove any graffiti placed on publicly viewable structures to city's satisfaction. (Ord. 94-04-1178 § 1 (part))

A. In addition to all other penalties under state law which may be applicable, any violation of this chapter shall be a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both fine and imprisonment, and by the performance of community service in the form of graffiti clean-up to the maximum extent permitted by California Penal Code Section 594.6 and/or any other provision of law. B. Any parent or legal guardian, whose child under the age of eighteen possesses a graffiti implement or unlawfully applies graffiti, shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by the child, or by the graffiti implement and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. C. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction:

1. Litter or graffiti cleanup pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Sections 23111, 23112 or 23113(a).
2. Suspension or delay of issuance of a driver's license pursuant to Vehicle Code Section 13202.6 upon a graffiti- vandalism conviction.
3. Performance of community service, including graffiti removal service of up to one hundred hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the city, as provided in California Welfare and Institutions Code Section 729.8. D. It is the city's further intent that, pursuant to California Penal Code Section 640.6(a), all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594, et seq., or this chapter. E. A violation of this chapter by any holder of a business license issued by the city may be grounds for revocation of such license. (Ord. 94-04-1178 § 1 (part))

A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. (Ord. 94-04-1178 § 1 (part)) Chapter 9.60

POLICE DOGS

It is unlawful for any person to wilfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to interfere or meddle with any dog while such animal is being utilized by the police department, or any officer or employee thereof, in the performance of any function or duty of said department, or of such officer or employee. (Ord. 81-8-877 § 1)