Wasco Municipal Code Ch. 9.24 Graffiti

Sections: 9.24.010 Purpose. 9.24.020 Definitions. 9.24.030 Prohibition of graffiti. 9.24.040 Civil debt. 9.24.050 Furnishing graffiti implement to minors prohibited. 9.24.060 Parental civil liability. 9.24.070 Possession by any minor of graffiti implements in public places. 9.24.090 Restrictions on sale of graffiti implements. 9.24.100 Required signage. 9.24.110 Reward. 9.24.120 Nuisance. 9.24.130 Summary graffiti nuisance abatement--Notice and assessment of costs upon owner or person in possession of property. 9.24.140 Expenditure of public funds.

9.24.150 Penalties for violation.

The city council finds and determines as follows:

A. That graffiti on public and private properties is a blighting factor;

B. That graffiti encourages other acts of malicious vandalism;

C. That graffiti depreciates the value of the adjacent and surrounding properties;

D. That graffiti is inconsistent with the city’s aesthetic standards, and unless it is quickly removed from public and private properties, other adjacent properties will become the target of graffiti;

E. That the existence of graffiti tends to breed community discontent and criminal activity;

F. That unlawful placement of graffiti on public and private properties is often committed by persons under the age of eighteen years using aerosol pressurized containers of paint, indelible markers and pens, and etching tools;

G. That the placement of graffiti is often done in connection with gang activities; and

H. That the public interest, convenience and necessity require the adoption and implementation of the provisions of this chapter. (Ord. 575 §1, 2008).

Unless the context otherwise requires, the definitions in this section shall govern the construction of this chapter.

"Aerosol paint container" means any aerosol or pressurized container, or similar device, having a capacity of more than three ounces, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, or other non-water soluble substance.

"Building" is defined as set forth in Section 17.03.020.

"Chapter" means this Chapter 9.24.

"Code" means the Wasco Municipal Code.

"Etching tool" means any etching tool, glass cutter or similar device.

"Fence" means a fence or wall regardless of height.

"Graffiti" means any unauthorized inscription, insignia, symbol, word, figure, character or design that is marked, etched, scratched, drawn, sprayed or painted on a building, fence, landscaping or structure.

"Graffiti implement" means an aerosol paint container, an indelible marker, a paint stick, an etching tool or any similar device.

"Indelible marker" means any indelible marker, felt tip marker or similar implement containing non-water soluble fluid and that has a flat, pointed or angled writing surface of a width of one-fourth of an inch or greater.

"Landscaping" shall be defined as set forth in Section 17.03.020.

"Minor" means a person under eighteen years of age.

"Paint stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar non-water soluble substance, which is capable of being applied to a surface by pressure, and upon application, leaves a mark at least one-fourth of an inch in width.

"Responsible adult" means a parent or legal guardian of a minor.

"Structure" shall be defined as set forth in Section 17.03.020. (Ord. 575 §1, 2008).

A. It is unlawful for any person to use a graffiti implement to apply graffiti upon any publicly or privately owned building, fence, landscaping or structure located within the city.

B. Any individual who is found guilty of violating this section shall, in the discretion of the court in a criminal proceeding, in addition to other authorized fines or penalties:

1. Pay restitution to the person or the city, who removed the unlawfully placed graffiti; and

2. Perform community service in the city.

If the violator is a minor, the minor’s responsible adult shall be responsible for payment of such restitution, in the discretion of the court. "Restitution" as used herein means the payment of a sum equal to all damages resulting from the placement of graffiti contrary to the provisions of this chapter, including, but not limited to, direct and indirect costs of the removal thereof. (Ord. 575 §1, 2008).

A. Any person who places graffiti on the building, structure, fence or landscaping of another, without that person’s consent, shall be responsible to the owner or to such other person who is entitled to possession of such building, fence, structure or landscaping, for all damages occurring as a result of the placement of said graffiti, including, but not limited to, the costs, direct and indirect, of graffiti removal and attorneys’ fees incurred.

B. If graffiti is removed by the city pursuant to this chapter, all damages occurring as a result of the placement of said graffiti, including, but not limited to, costs of graffiti removal, direct and indirect, and attorneys’ fees incurred, shall be recoverable as such, from the person who caused the graffiti to be placed contrary to the provisions of this chapter.

C. The obligations imposed pursuant to this section shall be enforceable as a civil debt. (Ord. 575 §1, 2008).

It is unlawful for any person, other than a responsible adult, to sell, exchange, give, loan, or in any way furnish to any minor without the consent of the minor’s responsible adult, a graffiti implement. (Ord. 575 §1, 2008).

A. Any act of a minor which results in the unlawful placement of graffiti on a building, fence, landscaping or structure shall be imputed to that minor’s responsible adult for civil liability purposes including, but not limited to, civil damages and attorneys’ fees incurred in connection with the civil prosecution of any such claim for damages. The responsible adult shall be jointly and severally liable with the minor for all civil damages and attorneys’ fees. Such obligations shall be enforceable as a civil debt.

B. This section in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to Civil Code Section 1714.1, Government Code Section 53069.3, Penal Code Section 640.5 or any other provision of law. (Ord. 575 §1, 2008).

It is unlawful for any minor to have in his or her possession any graffiti implement during the hours of ten p.m. to six a.m. of any day, while in any public street, park, playground, swimming pool, recreational facility or other public place. (Ord. 575 §1, 2008).

No person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implements, shall cause such graffiti implements to be stored, except in an area which may be viewable by, but which is not accessible to, members of the public without employee assistance. (Ord. 575 §1, 2008).

Any person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implements shall post and maintain in a conspicuous location a sign in letters at least three-eighths of an inch high, with substantially the following language:

"IT IS UNLAWFUL TO SELL OR GIVE TO A MINOR NOT ACCOMPANIED BY A PARENT OR GUARDIAN ANY GRAFFITI INSTRUMENT."

(Ord. 575 §1, 2008).

The city council may authorize the offering of rewards for information leading to the arrest and conviction of any person for a violation of any provision of this chapter. The amount of any such reward shall be established, from time to time, by the city council. The procedure for offering and claiming a reward pursuant to this section shall be established by the city manager. (Ord. 575 §1, 2008).

It is declared that the existence of graffiti on any building, structure, fence or landscaping is a public nuisance, and may be abated as such as is provided in this code. (Ord. 575 §1, 2008).

costs upon owner or person in possession of property.

The city council has determined that the continued existence of graffiti or other inscribed material on buildings, fences, landscaping and structures within the city is a public nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences and landscaping. The prompt removal of graffiti or other inscribed material is necessary to prevent its proliferation. Accordingly, where the city manager finds that graffiti or other inscribed material has been placed on privately owned buildings, fences, landscaping or structures the city manager is authorized to cause the summary abatement of the graffiti in the following manner:

A. Notice. The city manager must give the owner or other person entitled to possession of the building, fence, landscaping or structure not less than twenty-four hours’ written notice that unless the graffiti or other inscribed material to which the notice relates is removed within the period of time set forth in such notice, that the city may enter upon the property for the purpose of summarily abating the public nuisance by removal of the graffiti or other inscribed material.

B. Service of Notice. The notice must be given by personal service on the person to be notified, or by first class mail, addressed to the person to be notified at such person’s last known address.

C. Entry onto Property. Should the city find it necessary or efficacious to enter onto property to summarily abate a graffiti nuisance, the city will make reasonable efforts to obtain consent for such entry from the owner or occupant of the premises, or if required by law, to obtain a warrant to enter onto the property for the purpose of abating the graffiti nuisance. (Ord. 575 §1, 2008).

A. City Manager Authorization. The city manager is authorized to expend city funds to remove graffiti from publicly or privately owned real property within the city as is provided in this chapter.

B. Removal of Graffiti--Private Property--Consent. Such removal shall be performed by the city by its authorized employees or agents, only after the city manager:

1. Finds that the graffiti is located on a privately owned building, fence, landscaping or structure in the city;
and

2. Secures the consent of the owner or other person entitled to possession of the building, fence,
landscaping or structure upon which the graffiti has been placed; or

3. Obtains a warrant to enter upon the property to abate the graffiti; or

4. Utilizes the summary graffiti nuisance abatement procedure set forth in Section 9.24.130.

C. Exception. The consent of a property owner to graffiti removal shall be presumed where the facade of the building, fence or structure upon which the graffiti is unlawfully placed, directly abuts the lot line of the lot upon which the building, fence or structure is located, which lot line separates the lot from a public street, sidewalk, parkway, easement or alley. (Ord. 575 §1, 2008).

Each violation of any provision of this chapter is a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. In the alternative, an administrative citation may be issued for any violation of this chapter. (Ord. 575 §1, 2008).