Ventura Municipal Code Ch. 10.250 Graffiti 5

5 Editor’s note(s): Section 2 of Ord. No. 2007-027, adopted November 19, 2007, amended Chapter 10.250 in its entirety to read as herein set out. Former Chapter 10.250 consisted of Sections 10.250.010 through 10.250.060, pertained to similar subject matter and derived from the 1971 Code.

The city council finds that unwanted graffiti, on public and private properties, is a blighting factor on the neighborhood, encourages other acts of malicious vandalism, and depreciates the value of the adjacent and surrounding properties.

The council further finds and determines that graffiti is inconsistent with the city’s aesthetic standards, and unless it is quickly removed from public and private properties, other properties soon become the target of graffiti. Further, the existence of graffiti tends to breed community discontentment and criminal activity. This chapter is intended to reduce the incidence of unwanted graffiti. (Ord. No. 2007-027, § 2, 11-19-07)

For purposes of this chapter, the following definitions apply:

“Aerosol paint container” shall mean any aerosol or pressurized container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, or other substance capable of defacing property.

“Consent” means oral, including by telephone, or written approval to remove graffiti, granted to the city or its agents by a property owner, lessee, or operator. If oral or written approval at the time of abatement is not possible, then the city’s failure to receive notice denying consent within five business days of the notice to remove shall be presumed consent.

“Defacement” is the intentional altering of the physical shape or appearance of property without the prior written permission of the owner.

“Etching cream” is any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying surfaces in a manner similar to acid.

“Glass etching tool” means any etching tool, glass cutter, masonry or glass drill bit, carbide drill, grinding stone, or any other similar type of tool.

“Graffiti” means any unauthorized inscription, word, figure, mark or design that is marked, etched, scratched, drawn, painted, embossed, or otherwise applied, and which results in defacing, damaging, or destroying real or personal property.

“Graffiti implement” means aerosol container or tip, indelible marker, paint stick, glass etching tool, etching cream, slap tag, or any other device or instrument capable of creating graffiti as defined herein.

“Indelible marker” means any writing instrument, felt tip marker or similar implement containing fluid which can produce marks that are not water-soluble and has a flat, pointed or angled writing surface.

“Minor” means a person under 18 years of age.

“Paint stick” means a device containing a solid form of paint, chalk, wax, epoxy, or similar substance that is not water-soluble, which is capable of being applied to a surface by pressure, and upon application, leaves a mark.

“Public place” means any area generally visible to public view and includes, but is not limited to, alleys, parks, playgrounds, swimming pools, highways, streets, alleyways, buildings, parking lots, recreational facilities and streets open to the general public, public transportation, or in or around any underpass, bridge abutment, storm drain, or other similar type of infrastructure.

“Responsible adult” means a parent or legal guardian of a minor, or schoolteacher in whose care, trust, or charge a minor is temporarily placed.

“Slap tag” means any material such as, but not limited to, decals, stickers, posters or labels which contain a substance commonly known as adhesive or glue. (Ord. No. 2007-027, § 2, 11-19-07)

Graffiti is hereby declared a public nuisance that may be abated in accordance with state and local laws to further the health, safety, and welfare of the city’s residents. (Ord. No. 2007-027, § 2, 11-19-07)

It shall be unlawful for any person to apply graffiti upon any wall, walk, rock, street, bridge, building, fence, gate, structure, tree, traffic control or directional sign, or other real or personal property, whether owned publicly or privately, without the permission of the owner, lessee, or operator of such property. (Ord. No. 2007-027, § 2, 11-19-07)

It shall be unlawful for any person to sell, exchange, give, loan, or otherwise furnish any graffiti implement to any minor without the advanced written consent of the parent or the lawfully designated custodian of the minor. (Ord. No. 2007-027, § 2, 11-19-07)

It is unlawful for any minor to have in their possession any graffiti implement while in or upon any public place, or upon private property unless the minor is in possession of the written consent of the property owner, lessee, or operator granting permission to be on the property with graffiti implements. This section shall not apply to any minor who is accompanied by a responsible adult. (Ord. No. 2007-027, § 2, 11-19-07)

It shall be unlawful for any person in any public place to have in their possession any graffiti implement, with the intent to use such implement to apply graffiti.

Intent for purposes of this section may be inferred from the totality of the circumstances, including but not limited to the types and quantity of implements possessed, the location of apprehension, and such other factors as may be specifically stated by the arresting officer in their report. (Ord. No. 2007-027, § 2, 11-19-07)

Notwithstanding any other provision of this chapter, it shall be lawful for any person to possess an indelible marker while the person is attending or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use indelible markers. (Ord. No. 2007-027, § 2, 11-19-07)

No person shall store or display for sale, trade, exchange or loan any graffiti implement except in an area from which the public shall be securely excluded without employee assistance. The acceptable methods for storage and display include the following: containment in 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 persons remain securely locked; or containment in an enclosed area behind a sales or service counter from which the public is forbidden and physically barred from entering. (Ord. No. 2007-027, § 2, 11-19-07)

Any person engaged in the retail sale of graffiti implements shall display at the location of retail sale a sign, in capital letters at least one-half inch high, clearly visible and legible to employees and customers, which states as follows:

IT IS UNLAWFUL FOR ANY PERSON TO SELL OR GIVE TO ANY INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, WHO IS NOT ACCOMPANIED BY A RESPONSIBLE ADULT, ANY IMPLEMENT WHICH MAY BE USED FOR GRAFFITI SUCH AS AN AEROSOL CONTAINER, PAINT STICKS, ETCHING CREAM, OR INDELIBLE MARKERS.

(Ord. No. 2007-027, § 2, 11-19-07)

The city may offer a reward for information leading to the arrest and conviction of any person for violation of any provision of this chapter or for violation of Penal Code Section 594 by the use of graffiti. The amount of any reward and the procedure for claiming a reward pursuant to this section shall be established from time to time by city council resolution. The city may recover the amount of any reward paid pursuant to this chapter from the person arrested and convicted as restitution in addition to any other authorized restitution or penalties. (Ord. No. 2007-027, § 2, 11-19-07)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be subject to the enforcement provisions of Chapter 1.150. In lieu of criminal prosecution, the city may seek civil penalties pursuant to Chapter 1.50, restitution, abatement, injunctive relief, and any other relief available or authorized by state law.

In the case of a minor who violates this chapter, the parent or the legal guardian shall be notified of the violation and shall be jointly and severally liable for damages. The parent or legal guardian shall also be subject to costs and penalties as described in this chapter. (Ord. No. 2007-027, § 2, 11-19-07)

Any person who is found guilty of violating any provision of this chapter shall pay restitution in addition to authorized penalties pursuant to Section 10.250.150.

If the violator is a minor, the parent or legal guardian shall be responsible for payment of such restitution. (Ord. No. 2007-027, § 2, 11-19-07)

The responsible adult whose minor child is found to have violated this chapter and has been notified of said violation shall be jointly and severally liable for restitution and for any civil fines, penalties, damages, or costs. With respect to a citation for violation of this chapter, the responsible adult shall also be entitled to exercise all the rights accorded in Article 3 of Chapter 1.50 (Administrative Review Proceedings).

This section in no way limits or narrows the liability of a parent for acts of a child pursuant to Civil Code Section 1714.1, Government Code Section 53069.5, Penal Code Section 640.5 or any other provision of law. (Ord. No. 2007-027, § 2, 11-19-07)

Any person who violates this chapter shall be responsible for payment of costs of investigation, removal of graffiti, the amount of any reward, and payment of all attorney’s fees and legal costs incurred for the civil prosecution of any claim for damages and for the defacement of property.

Any person who violates this chapter shall be subject to fines and/or other penalties in accordance with Chapters 1.50 (Civil Penalties) and 1.150 (Criminal Penalties).

The amount of the civil penalties assessed pursuant to this chapter shall be established by resolution of the city council. In addition to establishing civil penalties for an initial violation of the provisions of this code, such resolution shall set forth any increased penalties for repeat violations of the same code provision by the same person within 12 months from the date of a previous violation, as well as the amount of the civil penalty delinquency fees and collection fees hereinafter provided for by this chapter.

In addition any person, including the municipality, may seek appropriate injunctive relief for the enforcement of this section, its penalties and remedial provisions, including but not limited to actions for abatement, prevention of violations, and enforcement of all remedial and preventive provisions of this section as may be appropriate. (Ord. No. 2007-027, § 2, 11-19-07)

Every property owner shall promptly remove graffiti from their property when it is in public view. The city manager or designee may direct that a notice to remove be issued to the owner directing that the graffiti be removed. The notice shall be delivered by first class mail or personal service to the address where the graffiti is located, to the owner of the property, or to the person in control of the property. The notice to remove shall direct the owner to remove the graffiti within five business days from the date of the notice or be subject to penalties provided for in this chapter. Additional time to abate the nuisance may be provided upon application for good cause shown.

A waiver and release form shall be delivered along with the notice to remove. The removal of graffiti pursuant to this section shall be at no cost to the private owner or tenant of the property; provided, that consent is given and the waiver and release form is properly executed and submitted within five business days from the date of notice. In the event of oral approval, the city manager or their designee shall generate a written record of such oral approval and shall attempt to obtain written approval at the time of abatement.

The city manager or designee is authorized to provide for and to use public funds to remove the graffiti upon the condition that the removal shall not involve the painting or repair of a more extensive area than is necessary to remove the graffiti. If the property is owned by a public entity other than the city, the removal requires the consent of an authorized representative of such entity and the execution of a waiver and release form. (Ord. No. 2007-027, § 2, 11-19-07)