West Covina Municipal Code § 15-100 Prohibition against causing or attempting to cause graffiti

Footnotes:

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Editor's note— Ord. No. 1932, §§ 1—5, adopted March 1, 1994, repealed former Div. 1, §§ 15-108—15-110, of Art. V, and enacted new provisions as herein set out. Former Div. 1 pertained to similar subject matter and derived from the Code of 1960, § 7701; Ord. No. 1369, § 1, 2-13-78; Ord. No. 1612, § 1, 11-28-83.

Whenever the following words and phrases are used in this chapter, they shall have the following meanings ascribed to them:

(a) Graffiti. Any unauthorized inscription, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, marked, painted, stained, stuck on or adhered by any means whatsoever, to any surface whether publicly or privately owned, including but not limited to, trees, signs, mailboxes, poles, fixtures, utility boxes, trash containers, walls, windows, roofs, paths, fences, walks, streets or pavement, under/overpasses, tunnels, bridges, trestles, drainage facilities, buildings and/or the interior or exterior of any other structure or surface. The term "graffiti" shall include the commonly used term "tagging" and those two terms shall be interchangeable as used in this chapter.

A graffiti implement is any implement used for graffiti, including, but not limited to the following:

(1) Aerosol paint container. Any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be pressurized in order to propel any such substance.

(2) Markers. Any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which cannot be easily and completely removed with water after said substance has dried, which implement at its broadest width is greater than one-eighth (⅛) inch or which leaves a mark of at least one-eighth (⅛) inch.

(3) Paint stick. Any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark, which at its broadest width is greater than one-eighth (⅛) inch or which leaves a mark of at least one-eighth (⅛) inch.

(4) Etchers. Any tool, device and/or other mechanism including, but not limited to, glass etchers, metal etchers, cutting instruments, drill bits or any other instrument that is capable of permanently scratching or otherwise marking any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface.

(b) Bona fide evidence of majority and identity. Any document evidencing the age and identity of an individual which has been issued by a federal, state or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued by a member of the armed forces.

(Ord. No. 1932, § 3, 3-1-94)

(a) Graffiti which appears on any property and/or structure so as to be visible from a public right-of-way or other public owned property is hereby declared to be a public nuisance subject to abatement as provided in the Article V and any other applicable provisions of the West Covina Municipal Code.

(Ord. No. 1932, § 3, 3-1-94)

It is unlawful for any person or group of persons to apply or cause or attempt to apply or cause graffiti or to tag including, but not limited to, any of the following acts:

(1) Drawing, scribing, etching, marking, painting, staining, sticking or adhering by any means whatsoever, any unauthorized inscription, symbol, design, and/or any markings of any kind including but not limited to configuration of letters and/or numbers upon any surface, whether publicly or privately owned, including, but not limited to, trees, mailboxes, signs, poles, fixtures, utility boxes, trash containers, fences, walls, windows, roofs, paths, walks, streets or pavement, under/overpasses, tunnels, bridges, trestles, drainage facilities, buildings and/or the interior or exterior of any other structures or surfaces.

(2) Attempting to draw, scribe, etch, mark, paint, stain, stick or adhere by any means whatsoever, any unauthorized markings of any kind including but not limited to inscription symbol, design, and/or any configuration of letters and/or numbers upon any surface, whether publicly or privately owned, including, but not limited to, trees, mailboxes, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets or pavement, fences, trash containers, under/overpasses, tunnels, bridges, trestles, drainage facilities, buildings and/or the exterior or interior of any other structures or surfaces.

(3) Conspiring to, or participating in any way in causing or attempting to cause graffiti, including, but not limited to, acting as a "lookout."

(Ord. No. 1932, § 3, 3-1-94)

(a) It shall be unlawful and a violation of this Code for:

(1) Any person, individual, organization, firm, corporation, or any other entity to give, sell or loan or cause or permit to be given, sold or loaned to any other person any implement with the knowledge that such implement may be used to cause or attempt to cause graffiti or to give or sell any aerosol paint container, paint stick or marker to any individual under the age of eighteen (18) years who is not with a parent or legal guardian without first obtaining bona fide evidence of majority and identity; and

(2) Any retail or commercial merchant to store, stock, or display any aerosol paint container in such a way that it may be handled by or be accessible to anyone who is not an employee or otherwise authorized personnel, without the assistance of said employee or authorized personnel.

(b) All such merchants who sell aerosol paint containers, paint sticks or markers as part of a business shall conspicuously display a sign applicable to all such aerosol paint containers, paint sticks or markers available for sale stating substantially the following:

(1) "Must be 18 years of age to purchase. Must have valid I.D. to purchase"; and

(2) "Any person who maliciously defaces real or personal property with graffiti is guilty of a misdemeanor punishable by fine, imprisonment, or both."

All signs must be at least ten (10) inches by sixteen (16) inches, with letter size of at least three-eighths (⅜) inch, and posted in a conspicuous place within six (6) feet of the implement or paraphernalia being offered for sale.

(Ord. No. 1932, § 3, 3-1-94; Ord. No. 1943, § 1, 9-20-94)

No person under the age of eighteen (18) years and not in the presence of a parent or legal guardian shall have in his or her possession, an aerosol paint container, paint stick, marker or etcher while in any public area, including but not limited to any park, playground, swimming pool, public recreational facility, any public right-of-way, or any private property which is open to the public in the city unless necessary in order to participate in any city or school sponsored function. This section shall not apply to authorized employees of the City of West Covina nor shall it apply to the authorized agents or contractors under contract with the city.

(Ord. No. 1932, § 3, 3-1-94)

(a) Prohibition against allowing graffiti to remain. It shall be unlawful for any owner, occupant, lessee, lessor, renter, tenant or person otherwise in charge or control of any property within the city to permit any graffiti to exist, or to allow any graffiti to remain on any surface located on such property when the graffiti constitutes a public nuisance under section 15-99 (or other applicable provisions of this Code) and notice of removal has been given under (b) below.

(b) Removal from non-city property.

(1) It is the duty of every property owner, occupant, lessee, lessor, renter, tenant, or person otherwise in charge or control of any property within the city to remove graffiti promptly from his or her property in a manner acceptable to the city. When graffiti constitutes a public nuisance under section 15-99 (or other applicable provisions of this Code), the city may cause a written notice to be served upon the owner of the affected property requesting removal of the graffiti. That notice when given shall be given pursuant to [paragraph] (c) of this section.

(2) If such property owner, occupant, lessee, lessor, renter, tenant or person otherwise in charge or control of the property, fails to remove the graffiti within forty-eight (48) hours after receipt (as defined in paragraph (c)) of the notice requesting the removal of the graffiti, or if the city has determined not to give such a notice and remove (or cause to be removed) the graffiti at its expense, the graffiti may be abated by the city pursuant to the provisions of this article (or other applicable provisions of this Code). The cost of abatement may be billed to the property owner and unpaid costs of abatement placed on the tax roll in the manner allowed by law and as set out in the West Covina Municipal Code section 15-200 et seq.

(3) In abating graffiti under this article, the city need not comply with the abatement requirements of the West Covina Municipal Code Sections 15-200 through 15-206 and the procedures set out in this article shall apply instead. The city may utilize any other enforcement or collection techniques legally available to it.

(4) When the city manager or her/his designee determines to remove graffiti at its expense, and the owner of the property consents to such removal and executes the necessary documents, the city or its contractor is authorized to provide for the removal of the graffiti.

(5) When the city or its contractor provides for the removal of the graffiti, it shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.

(6) Prior to the removal of graffiti from property not owned by the city, the city or its contractor shall obtain written consent of the owner occupant, lessee, lessor, renter, tenant, or other person in charge or control of the property who shall execute a release and waiver approved as to form by the city attorney.

(c) Notice. Notice pursuant to this section shall be deemed given upon personal service, or forty-eight (48) hours after being deposited in the United States Mail, first class, postage prepaid, directed to the intended individual or after posting the property position.

(Ord. No. 1932, § 3, 3-1-94)

Any person who violates the provisions of sections 15-100, 15-101(a), 15-102, and/or 15-103(a) of this division is subject to a administrative fine in accordance with article X of this chapter. Such a person shall be deemed a "responsible party" for the purposes of article X of this chapter.

(Ord. No. 2183, § 2, 12-16-08)

Editor's note— Ord. No. 2183, § 2, adopted Dec. 16, 2008, renumbered § 15-104 as § 15-105 and enacted new provisions to read as § 15-104.

(a) In the case of an individual under the age of eighteen (18) who violates the provisions of sections 15-100, 15-101(a)(1), and/or 15-102 of this division, the parent or the legal guardian of said minor shall be notified of the violation and shall be jointly and severally liable for any administrative fine assessed to said minor pursuant to section 15-104. Such parent or legal guardian shall be deemed a "responsible party" for the purposes of article X of this chapter.

(b) Notwithstanding subdivision (a), and consistent with Civil Code section 1714.1, in situations where graffiti is willfully caused by individuals under the age of eighteen (18), the parent or legal guardian of said minor shall be responsible for its removal or payment for the cost thereof. The city may recover such costs up to twenty-five thousand dollars ($25,000.00) (or as otherwise determined by law) in a civil action in addition to any other remedies provided by law.

(Ord. No. 1932, § 3, 3-1-94; Ord. No. 2183, § 2, 12-16-08)

Editor's note— Ord. No. 2183, § 2, adopted Dec. 16, 2008, renumbered § 15-104 as § 15-105.

Whenever the city manager or his designated representative determines that graffiti exists upon property owned by the city, it may be removed by the city at its expense as soon as possible.

(Ord. No. 1932, § 3, 3-1-94; Ord. No. 2183, § 2, 12-16-08)

Editor's note— Ord. No. 2183, § 2, adopted Dec. 16, 2008, renumbered § 15-105 as § 15-106.

(a) The city council may, by resolution, offer and pay a reward for information leading to the apprehension and conviction of any person who places graffiti or other inscribed material as defined herein upon public or privately owned structures within the city. In addition to any fines levied by the city for violation of this division, any person who has damaged property by inscribing graffiti on public or private property shall be liable for the amount of any reward paid pursuant to this division and Section 53069.5 of the California Government Code.

(b) As a part of any sentence or other penalty imposed, the court may also order that restitution be paid to the victim by the admitted or convicted perpetrator, and in the case of a perpetrator who is a minor, by the minor's parent or lawfully designated guardian or custodian, pursuant to, inter alia, Civil Code section 1714.1 and Government Code sections 640.5 and 640.6.

(c) Upon conviction of any person for violation of this division, or any state law pertaining to vandalism of property with a graffiti implement, the city encourages the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code, as that may be amended from time to time, and to revoke or suspend driving privileges as provided by state law.

(Ord. No. 1932, § 3, 3-1-94; Ord. No. 2183, § 2, 12-16-08)

Editor's note— Ord. No. 2183, § 2, adopted Dec. 16, 2008, renumbered § 15-106 as § 15-107.

This division shall be interpreted so as to work with and in conjunction with (when and where applicable) any and all state and/or local ordinances relating to the control of graffiti and/or related vandalism, including, but not limited to, Sections 594, 594.1, 594.3, 640.5, 640.6, of the California Penal Code; Section 1714.1 of the California Civil Code; and Section 53069.3 of the California Government Code as those may be amended from time to time.

(Ord. No. 2183, § 2, 12-16-08)

Editor's note— Ord. No. 2183, § 2, adopted Dec. 16, 2008, renumbered § 15-107 as § 15-108.