Taft Municipal Code Ch. 12 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. 617, 7-5-1994)

(A) It shall be unlawful for any person to apply graffiti as defined in this chapter.

(B) Graffiti means, but is not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, affixed, 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. (Ord. 617, 7-5-1994; amd. Ord. 854-25, 10-21-2025)

The city hereby declares graffiti to be a public nuisance that may be abated pursuant to the provisions provided in title III, chapter 4 of this code as well as pursuant to the provisions in this chapter. Nothing in this or any other chapter of the code shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate said public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. (Ord. 617, 7-5-1994; amd. Ord. 854-25, 10-21-2025)

(A) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or marker pens with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers or marker pens to be stored, if viewable by the public, in a manner 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. 617, 7-5-1994)

(A) It shall be 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 six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult.

(B) It shall be unlawful for any person under the age of eighteen (18) years to purchase a marker pen(s) with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry.

(C) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish any aerosol paint container or any marker pen with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult.

(D) It shall be unlawful for any person under the age of eighteen (18) years to purchase aerosol paint container(s) or a marker pen(s) with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry.

(E) Every retailer selling or offering for sale aerosol paint containers and/or marker pens with the tip exceeding six millimeters (6 mm) 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 inch (3/8") high stating:

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

(Ord. 617, 7-5-1994; amd. Ord. 854-25, 10-21-2025)

(A) It is unlawful for any person under the age of eighteen (18) 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 six millimeters (6 mm) 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 subsection shall not apply to the possession of a marker pen with the tip exceeding six millimeters (6 mm) 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. 617, 7-5-1994)

(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 and such entity executes a release and waiver approved as to form by the city attorney.

(C) Private Property: Where the property is privately owned, the removal of the graffiti or other inscribed material may be authorized by the city manager or his designated representative only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the city attorney.

(D) 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. 617, 7-5-1994)

(A) Criminal penalty. A violation of this chapter, except where otherwise indicated, is a misdemeanor subject to all penalties set forth in section 1-1-11 of this code.

(B) Additional Penalties Through Sentencing Court. Whenever deemed appropriate, it is the City’s intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:

1. Suspension or delay in issuance of driver’s license (pursuant to California Vehicle Code Section 13202.6); and

2. Community service and/or graffiti removal service (pursuant to California Penal Code Sections 640.6 and 1203 et seq., Welfare and Institutions Code Sections 728 and 729.8, and Vehicle Code Section 42001.7)

(C) Cumulative Remedies. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. (Ord. 694-02, 8-20-2002; amd. Ord. 854-25, 10-21-2025)

Should the city take abatement measures for graffiti removal under title III, chapter 4 of this code, the expense of such abatement shall be recovered under the provisions of title III, chapter 4 of this code. The expense of abatement done under this chapter related to minors, shall be recovered under this section:

(A) Lien Against Property. It is the intent of the city to make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor (pursuant to California Government Code Section 38772, California Penal Code Section 1202.4 and other State law). “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.

(B) Special Assessment. As an alternative to the lien against property provided in subsection (A) of this section, the city may, pursuant to Section 38773.6 of the California Government Code, make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor, in accordance with the procedures specified in California Government Code Section 38773.5. “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person. (Ord. 854-25, 10-21-2025)

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this section form an interrelated program for dealing with the problem of graffiti and vandalism within the city, but that such subsections, paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that any subsections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter. (Ord. 617, 7-5-1994; amd. Ord. 854-25, 10-21-2025)