Tehachapi Municipal Code § 9.10.020 Definitions

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property but also the value of the adjacent and surrounding area, and the general morale of the local citizens. Graffiti has also been found to be associated with criminal activity and delinquency. California Government Code Section 38771 authorizes the city to declare what constitutes a nuisance, Section 38772 authorizes the city to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and by ordinance may make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Section 38773.2 or 38773.6. Section 53069.3 further authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. Therefore, it is the intent of the city council to provide for the prohibition of the placement of graffiti on public and private property and make such act a nuisance, provide for the abatement of such nuisance, and also, offer a means for the city to recoup its costs of abatement.

(Ord. 93-08-618 § 1(part), 1993)

(Ord. No. 22-02-767, § 8, 1-18-2022)

"Graffiti" as used in this chapter means the unauthorized inscribing, spraying of paint, dye or any marking substance, or the marking of ink, chalk, dye or similar substances on public or private fences, buildings, structures and places within the city.

"Minor" or "other person" as used in the chapter means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.

(Ord. 93-08-618 § 1(part), 1993)

(Ord. No. 22-02-767, § 9, 1-18-2022)

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 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. Any person violating any term or provision of this section shall be guilty of a misdemeanor.

(Ord. 93-08-618 § 1(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 or marker pens with a tip exceeding six 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 or marker pens with a tip exceeding six 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 a tip exceeding six 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 Maliciously Defaces Real or Personal Property With Ink or Other Permanent Liquids is Guilty of Vandalism, Punishable by Fine and/or Imprisonment."

D. Any person violating any term or provision of this section shall be guilty of a misdemeanor.

(Ord. 93-08-618 § 1(part), 1993)

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 aerosol paint or a marker pen with the tip exceeding six 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 aerosol paint or a marker pen with a tip exceeding six millimeters in width, by a minor under the supervision of a responsible adult. Any person violating any term or provision of this section shall be guilty of a misdemeanor.

(Ord. 93-08-618 § 1(part), 1993)

It is unlawful for any person to apply graffiti on public or private fences, buildings, structures and/or places within the city. Any person violating any term or provision of this section shall be guilty of a misdemeanor. The defacement of any property of another by graffiti or any other inscribed material within the city is deemed a public nuisance.

(Ord. 93-08-618 § 1(part), 1993)

(Ord. No. 22-02-767, § 10, 1-18-2022)

Pursuant to Section 1714.1(b) of the California Civil Code and in accordance with Section 38772 of the California Government Code, any act of willful misconduct of a minor which results in the defacement of property of another with paint, graffiti implement, or any similar substance or device shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. The liability of each parent or guardian shall not exceed forty-five thousand dollars, or any future amount set by the California Judicial Council in accordance with Section 1714.1(c) of the California Civil Code, for each such act of the minor.

(Ord. 93-08-618 § 1(part), 1993)

(Ord. No. 22-02-767, § 12, 1-18-2022)

It is unlawful for the owner of any privately owned real property to permit graffiti or other unauthorized inscriptions to remain on any building, structure or other facility so as to be capable of being viewed by persons utilizing any public right-of-way in the city, such as a highway, street, road, parkway or alley; provided, that the city manager or his or her designee, has given written notice to the owner to remove the graffiti within a period of three calendar days and such time period has elapsed without remedial action or the city has taken other enforcement measures against the owner available under law and the time to act under those measures has expired, including but not limited to, nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065. For the purpose of this section, "remedial action" shall mean painting, washing, sandblasting, chemically treating, or otherwise obscuring the graffiti such as to blend the affected area with the surrounding structure or property.

(Ord. No. 22-02-767, § 13, 1-18-2022)

Upon a determination by the city manager or his or her designee, that graffiti or other unauthorized inscriptions are on any privately owned building, structure or other facility and are in view of persons utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the city shall be authorized to undertake the removal of such graffiti. Prior to the removal of such graffiti, the city shall obtain the written consent of the owner, including an appropriate release form and right of entry form authorizing such graffiti removal. The city shall not authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located. The authority of the city under this section shall be in addition to all other remedies available under the provisions of this Code, including those related to the abatement of nuisances under Chapter 8.28, or any other means authorized by law.

(Ord. No. 22-02-767, § 14, 1-18-2022)

A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in Chapter 1.12.

B. Joint and Several Liability for parent or guardian having custody and control of minors. As provided in Section 9.10.070, the penalties in Section 1714.1(b) of the California Civil Code apply.

C. Alternative Remedies. This section is just one method of enforcement. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state of California, or any other legal entity or agency having jurisdiction. The city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28.

(Ord. No. 22-02-767, § 15, 1-18-2022)

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 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. No. 22-02-767, § 16, 1-18-2022)