Stanislaus County Municipal Code Ch. 10.40 Graffiti

The board of supervisors finds and determines that the increase of graffiti on both public and private buildings, structures, and other places creates a condition of blight within the county which results in the deterioration of property values, business opportunities, and enjoyment of life for persons using or occupying adjacent and surrounding properties. The board of supervisors further finds and determines that graffiti is inconsistent with the county's property maintenance goals, crime prevent programs and aesthetic standards, and unless graffiti is removed from public and private properties, other properties soon become the targets for the application of graffiti. It is further the intent of the board of supervisors, through the adoption of the ordinance codified in this chapter, to serve notice to those persons who callously disregard the property rights of others, that the sheriff's department, in cooperation with other law enforcement agencies throughout the county, is strongly urged to prosecute those persons engaging in the defacement of public and private properties in violation of local and state laws. Additionally, the board of supervisors requests the juvenile court system impose maximum sanctions including driver's license suspension or otherwise restrict the privilege to drive, for violations involving vandalism, of persons who deface property with paint or any other liquid or by spraying, scratching, engraving, writing or affixing graffiti on any public or private property in the unincorporated area of the county. The board of supervisors further declares that all available steps shall be taken to insure, if possible, that all persons who have been found to have committed acts of graffiti be required to remove graffiti and participate in the graffiti paint over program as operated by the county's probation department. The board of supervisors further declares that all available steps under the law shall be taken to place the costs associated with the removal of graffiti on the responsible party or parties to avoid such costs being placed upon the victims of graffiti.

(Ord. CS 571 §1, 1994)

As used in this chapter:

"Graffiti"

means any inscription, word, figure or design that is marked, etched, scratched, drawn, sprayed, painted, pasted or otherwise affixed to, or on, any surface to the extent that same was unauthorized by the owner thereof, or, despite authorizations, is otherwise deemed by the board of supervisors to be a public nuisance.

"Graffiti implement"

means a pressurized container, ink marker, a paint stick, or etching or engraving device.

"Ink marker"

means any broad tipped marker pen with a tip which, at its broadest width, is greater than one-eighth inch, containing any ink that is not water-soluble.

"Paint stick"

means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface and upon application leaving a mark upon the property of at least one-eighth inch or greater in width, visible from a distance of twenty feet and not water-soluble.

"Pressurized container"

means any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion devices.

"Property"

means real or personal property, whether publicly or privately owned, within the unincorporated area of the county.

(Ord. CS 571 §1, 1994)

The board of supervisors declares that graffiti is a public nuisance and is subject to prosecution and abatement as prescribed in this chapter.

(Ord. CS 571 §1, 1994)

A. The board of supervisors finds that the Legislature of the state of California has already acted on a statewide basis by defining crimes and providing for punishments with the enactment of the 1993 California Graffiti Omnibus Bill and other similarly enacted laws.

B. It is unlawful for any person owning or otherwise being in control of any property within the unincorporated area of the county to maintain, permit or allow any graffiti to remain upon such property for a period exceeding fifteen days when the graffiti is visible from the street or other public or private property.

(Ord. CS 571 §1, 1994)

The county's office of graffiti abatement shall take all available steps to see that graffiti violators participating in a graffiti paint over program, be responsible for the removal of graffiti in the unincorporated area of the county on both public and private property.

(Ord. CS 571 §1, 1994)

A. The county shall have the right, but not the duty, to obscure, remove or paint over, at its sole expense, any graffiti upon the exterior walls or fences upon the perimeters of private property within the unincorporated area of the county.

B. There is established in the probation department an office of graffiti abatement to be administered by the chief probation officer. The probation department shall, in conjunction with the sheriff's office and other county departments, implement the provisions of this chapter. The chief probation officer or his or her designee shall direct such abatement when he or she finds that the graffiti is plainly visible to the public or is detrimental to the health or welfare of county residents.

C. Where graffiti exists on property owned by a public agency located in the unincorporated area of the county, then graffiti may be removed by the county with the consent of the public agency owning said property, and the county may proceed with any enforcement or other such actions authorized by law against any person responsible for the graffiti.

D.

1. Graffiti shall be removed from private property within fifteen calendar days after notification to the property owner or lawful occupant by the county to remove such graffiti.

2. In the event graffiti has not been removed and the chief probation officer has determined that a violation of a section of this chapter exists within the unincorporated area of the county, and the property owner or lawful occupant or other legally responsible party, has failed, neglected or refused to comply with the county's directive to bring the property into compliance with the law, the chief probation officer, or his or her designee, after according the owner, lawful occupant or other responsible parties, notice, opportunity to be heard, and opportunity to cross-examine witnesses regarding the matter, may declare, pursuant to competent testimony under oath, that said condition is a public nuisance and order its abatement and further order that the costs of such abatement be placed as a lien or assessment against the property and a personal obligation of property owner. The chief probation officer may cause a certified copy of the lien to be recorded with the Stanislaus County recorder's office. Any such lien shall be removed by the county upon full payment of the lien.

E. In the case of privately owned property, the county shall attempt to provide three days' notice of the planned abatement activity; but failure to do so or nonreceipt of any notice shall not invalidate the county's powers hereunder provisions of this section authorize the removal or paint over of graffiti only upon the exterior walls or fences upon the perimeter of private property. The scope of removal or paint over is limited to such areas as are determined appropriate by the county and not the repair or masking of a more extensive area.

(Ord. CS 571 §1, 1994)

Every person, firm or entity who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements within the county shall store, stock, keep or display for sale or transfer graffiti implements in an area secure and not accessible to the public in the regular course of business and accessible only to employees of such retail commercial establishment.

(Ord. CS 571 §1, 1994)

A violation of any provision of this chapter shall be an infraction, punishable as set forth in Section 1.36.020.

(Ord. CS 571 §1, 1994; Ord. CS 705 §22, 1999)

The county may appropriate money from the general fund to assist property owners to remove or paint over graffiti or other inscribed material upon private property located within the unincorporated area of the county, including, but not limited to, buildings, walls and fences. The office of graffiti abatement shall establish guidelines for disbursement of such funds.

(Ord. CS 571 §1, 1994)

The provisions of this chapter authorize assistance for the removal of or masking of graffiti or other inscribed material only as determined appropriate by the county and not the repair or masking of a more extensive area.

(Ord. CS 571 §1, 1994)

Such removal or masking may be performed by the property owner or property owner's agent using general fund moneys only after a finding by the chief probation officer that the graffiti or other inscribed material is plainly visible to the public or detrimental to the health and welfare of county residents.

(Ord. CS 571 §1,1994)

This chapter is not the exclusive regulation governing the defacement of public and private properties in the unincorporated area of the county. It is supplemental and is an addition to the other regulatory codes, statutes, or ordinances heretofore or hereafter enacted by the county or the state.

(Ord. CS 571 §1, 1994)

The county offers a reward of one hundred dollars, or such other sums as the board of supervisors may direct, for information leading to the arrest and conviction of any person or persons defacing or destroying property within the unincorporated area of the county by the use of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the county in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community services program, or a guilty plea to a lesser offense, shall constitute a conviction. Claims for rewards under this section shall be filed with the probation department.

(Ord. CS 571 §1, 1994)