Chapter 9.10
GRAFFITI ABATEMENT
Sections:
9.10.040 Sale of aerosol paint to minors prohibited.
9.10.060 Possession of aerosol or pressurized container of paint by minor prohibited.
9.10.010 Purpose.
The city council of the city of Calimesa finds that graffiti on public and private properties is a blight on the community, encourages other acts of malicious vandalism, and depreciates the value of adjacent and surrounding properties. Graffiti is inconsistent with the city’s property maintenance goals and aesthetic standards, and unless quickly removed from public and private properties, encourages similar defacement of other structures. Further graffiti tends to breed community discontent and criminal activity. Such defacement is most often committed by persons under the age of 18 using aerosol or pressurized containers of paint, indelible markers and pens and done in connection with gang activities. [Ord. 92-7; Code 1990 § 4.4.01.]
9.10.020 Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the meanings ascribed to them in this section:
“Defacement” shall mean the intentional altering of the physical shape or physical appearance of property.
“Graffiti” shall mean any inscription, word, figure, or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure, hillside, rock, storm drain channel or other surface open to public view, regardless of the nature of the material of the structural component, through the use of paint, an aerosol or pressurized container of paint, indelible marker, chalk, ink, dye or other liquid substance, or tool capable of defacing property.
“Indelible marker” means any marker, pen or similar implement which contains a fluid which is not soluble in water.
“Responsible adult” means a parent or guardian of an individual under the age of 18 years. A responsible adult may also include an agent of the parent or guardian, provided said agent is over 18 years of age. [Ord. 92-7; Code 1990 § 4.4.02.]
9.10.030 Graffiti prohibited.
A. It shall be unlawful for any person to apply graffiti upon any wall, rock, street, bridge, building, fence, gate, structure, tree, storm drain channel or any other surface open to public view, regardless of the nature of the material of the structural component. In addition to any other authorized penalty, any person who is found guilty of violating this section shall pay restitution to the property owner, whether public or private. If the violator of this section is a minor, the parent or guardian shall be responsible for payment of restitution as provided by California Civil Code Section 1714.1.
B. It shall be unlawful for any person owning or otherwise in control of any real property within the city to permit or allow any graffiti to be placed upon or remain on any surface located on such property when the graffiti is visible from the street or other public or private property. [Ord. 92-7; Code 1990 § 4.4.03.]
9.10.040 Sale of aerosol paint to minors prohibited.
It shall be unlawful for any person to sell, offer to sell or cause to be sold any aerosol or pressurized container of paint to any person under 18 years of age who is not accompanied by a responsible adult. [Ord. 92-7; Code 1990 § 4.4.04.]
9.10.050 Signs required.
Any person engaged in the retail sale of aerosol or pressurized containers of paint must display, at the location of the retail sale, 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 18 years, who is not accompanied by a responsible adult, an aerosol or pressurized container of paint.” [Ord. 92-7; Code 1990 § 4.4.05.]
9.10.060 Possession of aerosol or pressurized container of paint by minor prohibited.
It is unlawful for any individual under the age of 18 years, who is in a public place or upon private property without consent of the owner, tenant, or operator thereof, and who is not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint. [Ord. 92-7; Code 1990 § 4.4.06.]
9.10.070 Removal of graffiti.
A. Any person applying graffiti within the city of Calimesa shall have the duty to remove the same in a manner approved by the city manager within 24 hours after receiving notice from the city manager or the owner of the private property involved. Failure of any person to so remove the 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 for the cost thereof.
B. Whenever the city manager or his designated representative determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When property is owned by a public entity other than the city, the removal of the graffiti may be authorized by the city manager, or his representative, and removal undertaken by city personnel, or a committee designated for that purpose, only after securing written consent of the public entity having jurisdiction over the property.
C. It shall be the duty of every property owner to remove graffiti promptly from their property in a manner acceptable to the city. Where graffiti is located upon private property which is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the city, the city may cause a written notice to be served upon the owner of the affected property requesting removal of the graffiti. Notice shall be given pursuant to CMC 8.05.050(B). If a property owner fails to remove the graffiti within 10 days after the city gives notice requesting the removal of the graffiti, the graffiti shall be deemed to constitute a public nuisance and may be abated pursuant to the provisions of Chapter 8.05 CMC, commencing with CMC 8.05.020. [Ord. 92-7; Code 1990 § 4.4.07.]
9.10.080 Violations.
In addition to any other remedy the city may have, a person violating the provisions of this chapter shall be guilty of a misdemeanor as provided in Chapter 1.20 CMC, commencing with CMC 1.20.010. [Ord. 92-7; Code 1990 § 4.4.08.]
9.10.090 Volunteer committee.
The city manager may, in his discretion, form a committee of citizen volunteers who shall be known as the graffiti breakers to assist in the enforcement of this chapter and provide help in removing graffiti from private property at the request of the property owner and after receiving a waiver of liability satisfactory to the city attorney. [Ord. 92-7; Code 1990 § 4.4.09.]