Whittier Municipal Code Ch. 9.34 Graffiti

It is the purpose and intent of the city council, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement. Such acts are destructive of the rights and values of private property owners as well as of the entire community.

(Ord. No. 3158, § 1, 7-23-24)

"Graffiti" means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, painted or engraved on or otherwise glued, posted, or affixed to or on any surface of any public or private real or personal property within the city.

"Minor" means any person under the age of eighteen years.

"Responsible party" means any minor (or parent or guardian of a minor) or other person who causes or permits the application of graffiti or other inscribed material.

"Structure" means any structure as defined in the city's building code, and shall include, but not be limited to, buildings, walls, fences, sidewalks, curbs, poles, signs, and cargo/shipping containers.

(Ord. No. 3158, § 1, 7-23-24)

It shall be unlawful for any person to cause, place, affix, spray, apply, etch, engrave, scratch, draw, paint graffiti that is visible from any public or private property, including on any structure, building, improvement, tree, shrub, or vehicle. It shall also be unlawful for any person to aid or abet in the acts prohibited by this section.

(Ord. No. 3158, § 1, 7-23-24)

A. Pursuant to California Civil Code Section 1714.1(b), where graffiti is applied by an un-emancipated minor, the parents or legal guardian of the minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed the amount specified in California Civil Code Section 1714.1(b) as it may be adjusted.

B. The city may also pursue enforcement against the parent or legal guardian of the minor who causes or permits the application of graffiti or other inscribed material, via an administrative citation and fine, as provided in Chapter 1.09 of this Code.

(Ord. No. 3158, § 1, 7-23-24)

A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in Chapter 1.08 of this Code.

B. Administrative Penalties. Any violation of this chapter shall be subject to the administrative penalties set forth in Chapter 1.09 of this Code.

C. Cumulative Remedies. The remedies provided in this chapter are in addition to other criminal, civil, or administrative remedies and penalties available under provisions of other applicable city ordinances, the laws of the state of California, or the laws of the United States.

(Ord. No. 3158, § 1, 7-23-24)