Villa Park Municipal Code Art. 5-9 Graffiti and Other Inscribed Material on Public and Private Structures

Footnotes:

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Editor's note— Ord. #2007-525, § 1, amended former Art. 5-9, §§ 5-9.1—5-9.4, in its entirety to read as herein set out. Former Art. 5-9 pertained to similar subject matter and derived from Ord. #80-302, § 1.

The purpose and intent of this article is to provide the enforcement tools necessary to assist in the protection of public and private property from acts of defacement and vandalism caused by graffiti in order to reduce the blight and deterioration of property values in the City of Villa Park.

a. Government Code Section 53069.3 provides that a city may enact an ordinance authorizing the use of city funds to remove the graffiti or other material from public or privately owned permanent structures if the city finds the graffiti or other inscribed material is obnoxious.

b. The City Council hereby finds that graffiti or related inscribed materials are obnoxious as herein discussed and authorizes the establishment of a program to allow the use of City funds to remove graffiti from structures of public and private property.

c. The City Council authorizes the City Manager or designee to implement and conduct a graffiti abatement program pursuant to this Article.

(Ord. #2007-525, § 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 or other substances capable of defacing property.

"Etching tool or scribe" means any sharp or pointed instrument that is comprised of hardened steel, carbide or stainless steel which is capable of etching or marking glass, plastic, wood, metal or concrete surfaces. This definition includes, but is not limited to, picks, scribes, awls, markers and etchers.

"Felt tip marker" means any indelible marker or similar implement with a tip which at its broadest width is greater than one-eighth (1/8th) inch, containing an ink which is not water soluble.

"Graffiti" means the unauthorized etching, inscribing, spraying of paint, or marking symbols using paint, spray paint, ink, chalk, dye, etching tools or similar materials on public or private structures, buildings or places.

"Graffiti implement" means any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters, or etching tools, or other implements capable of scarring glass, plastic, wood, metal or concrete.

"Obnoxious graffiti" means graffiti which has any of the following characteristics:

1. Insults or incites hatred or contempt of any person or group on the basis of ethnic origin, gender, race, or religious affiliation;

2. Refers to the name of a gang or includes words or symbols associated with a gang or individual gang member;

3. Refers to the name or identity of an individual tagger or members of a tagging group or organization;

4. Insults or threatens any identifiable individual or group;

5. Includes obscene or indecent language or depictions;

6. Promotes criminal activity or promotes retaliatory action by an individual(s);

7. Tends to attract more graffiti;

8. Constitutes an aesthetic blight or eyesore to a neighborhood.

"Paint stick or graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth (1/8th) inch in width, visible from a distance of twenty (20) feet and not water soluble.

"Spray actuator" (also known as a spray tip, nozzle or button) means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.

(Ord. #2007-525, § 1)

The City Council may appropriate money from its General Fund to remove graffiti or other inscribed material from publicly or privately owned permanent structures located on publicly or privately owned real property within the City. Such appropriation may be pursuant to contract with other public entities and may include purchase of necessary services and equipment.

(Ord. #2007-525, § 1)

This section authorizes only the removal of graffiti or other inscribed material itself and not the painting or removal of a more extensive area.

(Ord. #2007-525, § 1)

a. Such removal may be performed, in case of a publicly owned structure, only after securing the consent of the public entity having jurisdiction over the structure and, in the case of a privately owned structure, only after securing the consent of the owner or other party in control of the property.

b. The City may obtain advance written permission from a property owner providing permission to enter a private property to perform graffiti abatement and, provided said written permission is kept on file, may perform abatement as needed until permission is revoked.

(Ord. #2007-525, § 1)

It shall be unlawful and a misdemeanor for any person to intentionally deface, alter, change, destroy or mutilate any public property or any private property without the consent of the owner of such private property. As used in this section, the term "deface" shall mean the intentional altering of the physical shape or physical appearance of the property.

(Ord. #2007-525, § 1)

a. It shall be unlawful, and a misdemeanor, for any person to possess any graffiti implement, as defined in Section 5-9.2 of this article, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative; provided, however, that nothing in this section shall be construed to permit or prohibit conduct which is prohibited by Penal Code Section 594.1.

b. It shall be unlawful, and a misdemeanor, for any person under the age of eighteen (18) years to possess any graffiti implement, as defined in Section 5-9.2 of this article, while upon public property, or upon private property, without the prior written consent of the owner of such property.

c. The foregoing provision shall not apply to a minor who is attending or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at the school that has, as a written requirement of the class, the need to use any graffiti implement. For purposes of this section, graffiti implements shall not include a transparent implement used to highlight reading material or an implement that can be dry erased.

(Ord. #2007-525, § 1)

Whenever graffiti has been removed from public or private property at the expense of the City of Villa Park, each person who placed any of the graffiti and the custodial parents or guardians of any minor who placed any of the graffiti (hereinafter collectively the "responsible persons") shall be legally responsible to reimburse the City of Villa Park for all costs of removal. Upon the determination of the costs of removal, the City Manager is hereby authorized and directed to invoice the aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally owed to the City by such responsible persons.

(Ord. #2007-525, § 1)