Article 10 — Graffiti

(Added by Ord. #4039-7/13/93)

6298-1 - Intent; declaration of public nuisance.

It is the intent of the County, through adoption of this ordinance, to provide additional enforcement mechanisms to protect public and private property from acts of vandalism including, in particular, graffiti. Graffiti on public or private property is hereby found to be a factor which both depreciates the value of the property containing the graffiti and also depreciates the value of the adjacent and surrounding properties, and promotes blight and deterioration. The existence of graffiti fosters other acts of malicious vandalism and criminal activity including, in particular, gang related activity. Therefore, graffiti is declared to be a public nuisance which may be abated as such.

6298-2 - Definitions. 6298-2.1 - Graffiti.

"Graffiti" includes any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any public or private property located within the unincorporated area of the County visible to the public, including, but not limited to, structures, sidewalks, signs, trees and vehicles.

6298-2.2 - Responsible adult.

"Responsible adult" means a parent or guardian of an individual over the age of eighteen (18) years and includes an agent of the parent or guardian, provided said agent is over the age of eighteen (18) years.

6298-3 - Removal using public funds.

In the event public funds become available, the County may authorize a County agency to provide for the removal of any graffiti located on any public or privately owned property in the unincorporated area of the County, solely at the County's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, only upon the following conditions:

(a)

The County shall authorize the removal only of the graffiti or other inscribed material itself, and not the painting or repair of a more extensive area.

(b)

A finding is made that the graffiti or other inscribed material is obnoxious.

(c)

(1)

Where the property is owned by a public entity other than the County, removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the property; or

(2)

Where the property is privately owned, removal of the graffiti may be authorized only after securing the consent of the owner.

6298-4 - Sale of aerosol paint containers and markers. 6298-4.1 - Sale to minors unlawful.

It is unlawful for any person to sell, give or in any way furnish to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, any aerosol container of paint of six (6) ounces or less (net weight of contents) or a felt tip marker with a marking tip one-quarter (1/4) inch or more in width.

6298-4.2 - Signs required.

Any person engaged in the retail sale of aerosol containers of paint, markers with a marking tip of one-quarter (1/4) inch or more in width, or other liquid substance or implement capable of being used to deface property must display at the location of retain sale a legible sign clearly visible to employees and customers which states:

"It is unlawful for any person to sell or give to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, any aerosol ontainer of paint, any marker with marker tip of one-quarter (¼) inch or more in width or other liquid substance or implement capable of being used to deface property."

6298-4.3 - Display of paint containers and markers.

Any person engaged in the retail sale of aerosol paint containers or markers with tips exceeding one-quarter (1/4) inch or more in width, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but 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.

6298-5 - Parental civil liability.

Pursuant to California Civil Code Section 1714.1, subdivision (b), any parent or other legal guardian having custody or control of a minor under the age of eighteen (18) years who defaces public or private property by inscribing graffiti thereon shall be personally liable for any and all costs to any person incurred in connection with the removal of said graffiti caused by said minor and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages, in an amount not to exceed ten thousand dollars ($10,000.00) per occurrence.

6298-6 - Possession of markers. 6298-6.1 - Possession on county property.

It is unlawful for any person to carry on his or her person and in plain view to the public a felt tip marker with a marking tip one-quarter (1/4) inch or more in width while in or upon any posted County owned building, grounds, park or other County facility other than a highway, street, alley or way without valid authorization from the appropriate County agency.

As used in this section, "posted" means a sign placed in a reasonable location stating it is a misdemeanor to possess a marker with a marking tip one-quarter (¼) inch or more in width in such a County facility without valid authorization.

6298-6.2 - Possession by minors.

It is unlawful for any person under the age of eighteen (18) years to possess a felt tip marker with a marking tip one-quarter (¼) inch or more in width for the purpose of defacing property while on any public highway, street, alley or way, or other public place regardless of whether that person is or is not in any automobile, vehicle or other conveyance.

6298-7 - Criminal penalties.

Any violation of this article shall constitute a misdemeanor offense punishable by a maximum of six (6) months in jail, a $1,000.00 fine, or both pursuant to Ventura County Ordinance Code Section 13.

6298-8 - Reward.

The County may pay to any person who provides information which leads to the arrest and conviction of any person who applies graffiti to any public or private property in the unincorporated area of the County a reward as established by County resolution.

6298-9 - Remedies cumulative.

The remedies provided for herein shall be cumulative and not exclusive.

6298-10 - Severability.

In the event any section, subsection, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.