Victorville Municipal Code Ch. 13.30 Graffiti Prohibited

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 communities. Government Code Section 53069.3 authorizes a city to enact ordinances to provide for use of city funds to remove graffiti from public and privately owned permanent structures located within the city. The city council finds that graffiti or related inscribed material is obnoxious and, pursuant to Government Code Section 53069.3, authorizes that a program be instituted allowing for the use of city funds to remove graffiti on public and private property. It is the city council's further intent to provide for the prohibition of the placement of graffiti on public and private property as herein set forth.

(Ord. 1384 § 1 (part), 1990)

For purposes of this chapter:

(1) "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint capable of defacing property.

(2) "Felt tip marker" means any broad-tipped indelible marker or similar implement containing ink or dye that is not water-soluble, and which has a flat or angled writing surface one-fourth inch long or greater.

(3) "Graffiti" includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure, or other facility, regardless of the nature of the material of that structural component.

(4) "Public or privately owned structures" include any freeway, highway, street, alley, curb, gutter, sidewalk, drainage channel, structure or facility, parking lot, trees or other foliage, walls, fences, buildings and any portion thereof, windows, traffic signals and devices, vehicles, bus shelters, billboards, signs and supporting structures, traffic signs, signals and structures, and public utility structures and facilities.

(5) "Etching cream" means any caustic cream, gel, liquid or solution capable by means of chemical action of defacing, damaging or destroying hard surfaces in a manner similar to acid.

(Ord. 2020 (part), 2004; Ord. 1683 § 1, 1993: Ord. 1384 § 1 (part), 1990)

(a) It is unlawful for any person to paint, chalk or otherwise apply graffiti or inscribing material on public or privately owned structures located on public or privately owned real property within the city.

(b) It is unlawful for the owner of any private property to permit graffiti or other inscribed material to remain so as to be capable of being viewed by a person utilizing any public right-of-way in the city, such as a road, parkway or alley, providing the city has given the property owner written notice to remove the graffiti within a period of seven calendar days, and the seven-day period has elapsed, unless the property owner agrees in writing to allow the city to remove the graffiti.

(Ord. 1384 § 1 (part), 1990)

(a) The following procedure shall be followed for removal of graffiti by the city, with the consent of the property owner. Whenever the public works department determines that graffiti or other inscribed material is so located on public or private property so as to be capable of being viewed by a person utilizing any public right-of-way, and the owner of the property consents to the removal by the city of the graffiti, the city shall be authorized to provide for the removal of the graffiti.

(b) If the city provides for the removal of graffiti, it shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.

(c) Prior to the removal of graffiti, the city shall obtain written consent of the owner and the owner shall execute an appropriate release prepared by the city attorney.

(Ord. 1384 § 1 (part), 1990)

(a) Any person convicted of violating Section 13.30.030(b) of this chapter for the first time shall be guilty of an infraction and shall be punished by a fine of one hundred dollars.

(b) Criminal Penalties. Any violation of Section 13.30.030(a) of this chapter shall be a misdemeanor punishable by either six months in jail, a one thousand dollar fine, or by such fine and imprisonment, and by the performance of community service in the form of graffiti cleanup to the maximum extent permitted by California Penal Code Section 594 and/or any other provision of law.

(c) Additional Penalties Available. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction:

1. Litter or graffiti cleanup pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Sections 23111, 23112, or 23113(a);

2. Suspension or delay of issuance of a driver's license pursuant to California Vehicle Code Section 13202.6 upon a graffiti-vandalism conviction;

3. Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the city, as provided in California Welfare and Institutions Code Sections 728 and/or 729.6;

4. Performance of community service, including graffiti removal service of up to one hundred hours by any minor determined to be a ward of the court as a result of committing a drug-related offense in the city, as provided in California Welfare and Institutions Code Section 729.8.

(d) It is the city's further intent that pursuant to California Penal Code Section 640.6(a), all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594, et seq., or this chapter.

(e) Pursuant to California Civil Code Section 1714.1, any parent or legal guardian whose minor child is convicted of a violation of this chapter or who paints, chalks or otherwise applies graffiti as prohibited by Section 13.30.030, or who assists, aids or abets such graffiti application, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all law enforcement costs, city staff costs, attorney's fees and court costs incurred in connection with any graffiti cleanup up to twenty-five thousand dollars or such amounts as are permitted by California Civil Code Section 1714.1, and as amended.

(f) Notwithstanding the provisions of Section 13.30.050(e), any minor who paints, chalks, etches or otherwise applies graffiti as prohibited by Section 13.30.030, or who assists, aids or abets such graffiti application shall be personally liable, without limitation as to amount, for any and all costs to any person, or business, or to the city, incurred in connection with the removal of graffiti caused by said child or by said graffiti implement and for all law enforcement costs, city staff costs, attorneys fees and court costs incurred in connection with any graffiti cleanup.

(Ord. 2020 (part), 2004; Ord. 1781 §§ 1, 2, 1996; Ord. 1683 § 2, 1993: Ord. 1636 § 1, 1993; Ord. 1384 § 1 (part), 1990)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, etching cream or marker pens with tips exceeding one-fourth inch in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers, etching cream 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 aerosol containers.

(Ord. 2020 (part), 2004; Ord. 1683 § 3, 1993)