Visalia Municipal Code Ch. 9.16 Graffiti

A. The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city; to provide for methods of controlling the sale to and the unauthorized use of aerosol paint containers and wide tipped marker pens by minors; and to encourage citizens to report occurrences of graffiti vandalism within the city.

B. Due to the increase of graffiti vandalism on both public and private property, a condition has arisen within the city which has resulted in a deterioration of property values and concern for the quality of life of the city's citizens. The city council finds and determines that graffiti constitutes a public nuisance which, left unabated, adversely affects the city's image, business development, retail sales and residential housing costs. Allowing graffiti to remain on public or private property encourages additional unacceptable occurrences of graffiti, fuels fear among the community and is a factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of adjacent and surrounding properties.

C. The purpose of this chapter is, therefore, to minimize the impact which graffiti has on the city's quality of life, economic stability, environmental image, aesthetic standard, and the overall sense of feeling of safety and security of its citizens. Because the existence of graffiti tends to breed community discontent and criminal and gang related activities, the chapter will serve to mitigate these problems through quick removal and control of graffiti vandalism. (Prior code § 5500)

“Graffiti” is defined as, but not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, drawn or painted upon any public property or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure or any facility in public view to any person utilizing any public street in the city, including but not limited to any roadway, parkway, sidewalk or alley. (Prior code § 5501)

It is unlawful for any person to sell, offer to sell or cause to be sold, any aerosol or pressurized container of paint and/or any wide tipped marker pens exceeding four 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 (18) years who is not accompanied by a responsible adult. (Prior code § 5502)

It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or on private property, without the consent of the owner, tenant or operator thereon, and who is not accompanied by a responsible adult, to possess (1) an aerosol or pressurized container of paint, and/or (2) wide tipped marker pens with tips exceeding four millimeters in width which contain other than a solution which can be removed with water when dry. (Prior code § 5503)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or wide tipped marker pens exceeding four millimeters in width, which contain other than a solution which can be removed with water when dry, 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. (Prior code § 5504)

Any person engaged in the retail sale of aerosol or pressurized containers of paint and/or wide tipped marker pens exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry, shall display at the location of retail sales a sign clearly visible and legible to employees and customers which states as follows:

It is unlawful for any person to sell, lend or give to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, an aerosol or pressurized container of paint or wide tipped marker pens exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry.

(Prior code § 5505)

A. General. Any person applying graffiti within the city shall have the duty to remove same in a manner approved by the city and the property owner within twenty-four (24) hours after notice by the city or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.

B. Public Property. Whenever the City Manager or their designee determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti may be authorized for removal by city only after securing written consent of the public entity having jurisdiction over the property. The public entity shall execute a release and waiver as approved by the city’s risk manager.

C. Notice of Affected Area; Requirement to Remove Graffiti.

1. Where graffiti is located upon private property and said graffiti is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the city, it is the property owner’s duty to remove said graffiti promptly from the property and to restore said property at least to the condition it was in prior to such act of vandalism. If the property owner fails to promptly remove said graffiti, the city shall cause a written notice to be served upon the owner of the affected property notifying the owner of the location and description of the graffiti and of the property owner’s obligation to remove said graffiti. The notice shall request the owner provide the city with contact information, including a telephone number. It shall be the responsibility of the property owner to commence removal of the graffiti described in the notice within seven (7) days of service by mail or within three working days of personal delivery of the notice, or within three (3) working days of a city official notifying the property owner or property owner’s agent by telephone of the issue and mailing the notice. The property owner shall diligently and promptly pursue total removal of said graffiti; provided, that an exception may exist in cases of undue hardship as established pursuant to Section 9.16.070(C)(2). Working days for purposes of this section are days which are neither Saturday, Sunday, nor a nationally observed holiday. The service is complete at the time of deposit of the notice in the U.S. mail or by personal delivery of the notice to the owner of the property subject to removal of graffiti. The failure of any person to receive such notice shall not affect the validity of any proceeding.

2. Alternative to Abatement. The City Manager or their designee may enter into an agreement with a property owner or lessee in possession, or their respective authorized agent, for the summary abatement to remove graffiti at the property owner’s or lessee’s expense and/or with public funds pursuant to § 53069.3 of the Gov. Code. The agreement shall include the property owner or lessee in possession, or their respective authorized agent’s consent for the City’s entry onto the property for graffiti removal and a waiver of liability in the event of any damage caused by the City in removing graffiti. In deciding whether to enter into this abatement alternative, the City Manager, or designee, shall consider the following circumstances:

a. The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property;

b. The ability of the owner to pay for such removal;

c. Whether or not the property has been the target of previous incidents of graffiti or whether a pattern of vandalism to such property exists.

d. In deciding whether to recover abatement costs under this section or use city funds as authorized in Gov. Code § 53096.3, the City Manager or their designee may consider the financial and physical ability of the property owner to abate the property. For financial considerations, the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the graffiti.

The decision of the City Manager shall be final.

3. City’s Release From Liability. A written request to waive the requirements of Section 9.16.070 (C)(1) shall be accompanied by a release from liability form signed by the property owner, lessee in possession, or their respective authorized agent which shall release the city and its authorized agents from any and all liability that may be caused or attributed to removal of graffiti from the owner’s premises by persons acting under the authorization of the city pursuant to Section 9.16.070 (C)(2).

4. Failure to Remove Graffiti. In the event the owner fails to remove graffiti from his/her property or fails to request an alternative to abatement pursuant to Section 9.16.070(C)(2) of such removal, or such alternative to abatement has been denied, the city may declare the property a public nuisance and the city may take any of the following courses of action:

a. Administrative Procedure to Abate Nuisance. City may direct the removal of graffiti from the property with the cost of work performed and billed to the property owner who may select the option of direct payment of such costs. Failure to make direct payment for the abatement of graffiti shall constitute a special assessment against the respective lot or parcel plat to which it relates. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

b. The city may commence criminal proceedings to abate a public nuisance under applicable Penal Code provisions.

(Prior code § 5506) (Ord. 2024-10 § 2 (part), 2024: Ord. 2010-02 § 2, 2010)

A property owner shall have ten (10) calendar days from the date of mailing by the city of the bill for the cost of removal of graffiti from the owner’s property. Said appeal must be submitted in writing to the city and the appeal shall be processed and heard in the same manner as administrative appeals under Visalia Municipal Code Chapter 1.13.

(Prior code § 5507) (Ord. 2024-10 § 2 (part), 2024)

A. Any individual who is found guilty of violating Section 9.16.070(A) shall pay restitution to the property owner, in addition to authorized penalties to the city. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay the city, the juvenile may be permitted to work off his/her penalty owned to the city under the direction of at least one parent and the city by abating an equivalent amount of any graffiti.

B. As permitted by California law, the city may make the abatement and related administrative costs a special assessment against a parcel of land owned by the individual who is found guilty of violating Section 9.16.070(A) or if the individual is a minor the parent or guardian having custody and control of the individual. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs shall instead be transferred to the unsecured roll for collection. Notices or instruments related to the abatement proceeding or special assessment may be recorded.

C. The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of graffiti, including, summary abatement. This section is not intended to affect any other action, civil or criminal, for maintenance of any such condition.

(Prior code § 5508) (Ord. 2024-10 § 2 (part), 2024: Ord. 2010-02 § 3, 2010)

A. It is unlawful to apply graffiti on any premises as described herein. Notwithstanding the classification of a violation of the chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

B. It is unlawful and an infraction for a minor to possess any aerosol paint container or wide tipped marker pen as described herein in violation of Section 9.16.040.

C. Any person convicted of an misdemeanor under this chapter shall be punished by: (1) a fine not exceeding five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of the chapter within one year.

D. Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense. (Prior code § 5509)

Nothing in Sections 9.16.010 through 9.16.100 shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth in this chapter. (Prior code § 5510)

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this chapter form an interrelated program for dealing with the problem of graffiti and vandalism within the city, but that such subsections, paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that any subsections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter. (Prior code § 5512)