Chapter 4 GRAFFITI PREVENTION AND REMOVAL*

(d) “Graffiti” shall mean any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied, with any paint, aerosol paint, indelible marker, engraver, chalk, ink, dye, graffiti implement or other substance capable of defacing property, to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession thereof.

(e) “Graffiti element” shall mean a broad tipped marker, an engraver, a graffiti stick, spray paint, or etching creams and substances.

(f) “Graffiti stick” means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and, upon application, of leaving a mark at least four (4) millimeters in width.

(g) “Hearing Officer” shall mean the Director or his or her successor or such City employee or officer as shall be designated by the Director or his or her successor.

(h) “Indelible marker” shall mean any marker, pen or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled writing surface.

(i) “Spray paint” means any pressurized container containing six (6) ounces or less of the substance commonly known as paint or dye. (Ord. 90-913, § 1; Ord. 93-1007, § 1; Ord. 94-1030, § 1; Ord. 02-1243, § 1)

5402 Graffiti Constitutes a Nuisance.

Pursuant to California Government Code Section 38771 the City Council hereby declares the maintenance of graffiti visible from a public street or alley to constitute a nuisance, the abatement of which shall be provided as set forth herein. (Ord. 90-913, § 1)

5403 Permitting Graffiti to Remain Prohibited.

No person shall permit any graffiti which is within public view to remain on any building, structure, tree, shrub, sidewalk or curb owned or possessed by such person. (Ord. 90-913, § 1)

5404 Penalties.

Violation of this Chapter shall constitute a misdemeanor punishable by a fine of not more than $1,000, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 90-913, § 1)

Part 2. Removal of Graffiti from Public
and Private Property with Consent
of Property Owner

5405 Removal from Public Property.

The Director is hereby authorized to remove graffiti from any property or structure owned by the City of Carson, and pursuant to California Government Code Section 53069.3 is authorized to remove graffiti from any other publicly owned structure after securing the consent of the public entity having jurisdiction over the structure. (Ord. 90-913, § 1)

5406 Notice to Owners or Possessors of Private Property.

Whenever the Director determines that graffiti is being maintained upon any premises within the City in violation of CMC 5403, the Director shall send written notice to the owner or possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the City within fifteen (15) days from the date the notice was mailed. The notice and order shall also state that if the property owner or possessor desires to remove the graffiti or to cause it to be removed, such person may apply to the Director for the issuance of paint and paint rollers for the removal of the graffiti, as provided in CMC 5407. (Ord. 90-913, § 1)

5407 Abatement of Graffiti by Property Owner Using City-Issued Paint and Paint Rollers.

(a) Applications for Paint and Paint Rollers. The Director shall establish procedures for the issuance of paint and paint rollers to persons for the removal of graffiti from private property. These procedures shall require the person applying for such paint and rollers to sign a form stating: (1) that the applicant is the owner or in possession of the private property from which graffiti is to be removed; (2) the address or other location thereof; (3) that such person shall utilize such paint and rollers to remove graffiti from the property so identified within three (3) weeks after the date of receipt of the paint and rollers; and (4) that the person receiving such paint and rollers will pay the cost thereof to the City unless the graffiti for the removal of which such paint and rollers are issued shall have been removed within said three (3) weeks.

(b) Issuance of Paint and Rollers. Upon receipt and verification of a complete application for paint and rollers for removal of graffiti, the Director shall issue an amount of paint that in the discretion of the Director is necessary to cover the graffiti on the property. The paint shall be issued for the removal of the graffiti only and not for the painting or repair of a more extensive area. Said form shall be dated and signed by an employee of the Department of Public Safety when such paint and rollers are issued. Successive issues of paint may be made if graffiti should reappear following removal at any such location. (Ord. 90-913, § 1; Ord. 94-1030, § 2)

5408 Abatement of Graffiti on Private Property by City Crews.

Upon receipt of the property owner’s written consent or the written consent of a person authorized by the owner to give consent, the Director is hereby authorized to provide for the abatement of graffiti on privately owned property through the utilization of the City’s labor, equipment and materials. Except as set forth herein, the Director is authorized to provide for the abatement of graffiti only and is not authorized to provide for the painting or repair of a more extensive area. In the case of a surface that has been defaced with graffiti after removal more than five (5) times within twelve (12) months, such abatement may include retrofitting the surface with such features or qualities as may be established by the Director as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom. (Ord. 90-913, § 1; Ord. 94-1030, § 3)

Part 3. Summary Abatement of Graffiti on Private Property by City without Consent of Property Owner

5409 Initiation of Abatement Proceedings.

The Director may initiate proceedings to abate any graffiti maintained contrary to the provisions of this Chapter only after the following has occurred:

(a) The Director has determined that graffiti within public view exists on particular premises in the City;

(b) A notice of such condition has been sent to the property owner pursuant to CMC 5405; and

(c) The property owner has failed to either remove the graffiti or consent to its removal by the City within the time period specified in the notice. (Ord. 90-913, § 1)

5410 Hearing Prior to Abatement – Notice of Hearing.

Prior to the City abating graffiti on private property without the consent of the owner, a hearing before the Director shall be held at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time and place of the hearing before the Director shall be sent to the property owner not less than ten (10) days prior to the hearing. (Ord. 90-913, § 1)

5411 Posting and Serving Notice of Hearing.

(a) The Director shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises.

(b) Said notice shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the Hearing Officer.

(c) The failure of any person to receive the notice shall not affect the validity of any proceedings under this Chapter. (Ord. 90-913, § 1)

5412 Conduct of Hearing.

The hearing to determine whether a nuisance exists shall be conducted by the Director or his duly authorized representative as the Hearing Officer. At the hearing, the Director shall consider all relevant evidence including but not limited to applicable staff reports. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Director shall determine whether a nuisance within the meaning of this Chapter exists. (Ord. 90-913, § 1)

5413 Order of Abatement.

The Director or his designee (within ten (10) working days of the hearing) shall give written notice of his decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The Director may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the Director may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten (10) days after the Director’s notice of the decision to the owner. (Ord. 90-913, § 1)

5414 Abatement.

If the Director’s decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the Director is authorized to enter upon the premises and to abate the graffiti nuisance with City equipment and City personnel. The Director shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the City Clerk. Such statement shall identify the premises and state the cost of the action taken. If the premises includes more than one (1) lot, each separate lot, or all of the lots may be set forth in the same statement. (Ord. 90-913, § 1)

5414.1 Ease of Removal Provisions.

(a) Retrofitting. In the case of a surface that has been defaced with graffiti after removal more than five (5) times within twelve (12) months, the abatement authorized by CMC 5414 may include retrofitting the surface with such features or qualities as may be established by the Director as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.

(b) Common Utility Colors and Paint-Type. Any gas, telephone, water, sewer, cable, telephone or other utility operating in the City, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of this Section with a uniform paint type and color as directed by the Director.

(c) Conditions on Encroachment Permits. Encroachment permits issued by the City may, among other things, be conditioned on the following:

(1) The permittee shall apply an anti-graffiti material of a type and nature that is acceptable to the Director to the encroaching structure;

(2) The permittee shall immediately remove any graffiti from the encroaching structure;

(3) The City shall have the right to remove graffiti and to paint the encroaching structure;

(4) The permittee shall provide the City with sufficient matching paint and anti-graffiti material on demand for use in the painting over or removal of graffiti from the encroaching structure.

(d) Conditions on Discretionary Approvals. Conditional use permits, variances, and building permits issued by the City may, among other things and, to the extent permitted by this Code or other similar land use entitlement or development or design applications, be conditioned on the following:

(1) The applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the Director to such of the publicly-viewable surfaces to be constructed on the site deemed by the Director to be likely to attract graffiti (“Graffiti Attracting Surfaces”);

(2) The applicant shall grant in writing the right of entry over and access to the property, upon forty-eight (48) hours posted notice, by authorized City employees or agents, for the purpose of removing and painting over graffiti on graffiti attracting surfaces previously designated by the Director. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

(3) The applicant, and any and all successors in interest, shall, for a period of two (2) years after approval, provide the City with sufficient matching paint and anti-graffiti material on demand for use in the painting over or removal of designated graffiti from graffiti attracting surfaces;

(4) Applicants for subdivision maps shall covenant that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees or structures thereon to the City's satisfaction, and said covenant shall run with the land in a form satisfactory to the City. (Ord. 94-1030, § 4)

5415 Assessment of Cost.

Upon completion of the work required to abate the graffiti, the cost to the City to perform such work shall be assessed against the property owner pursuant to the procedures set forth in CMC 5329 through 5333. (Ord. 90-913, § 1)

Part 4. Graffiti Prevention

5416 Sale of Graffiti Implements.

No person shall sell, give, or in any way furnish any graffiti implement to another person who is under the age of eighteen (18) years. This Section shall not apply to the furnishing of a graffiti implement to a minor for the minor’s use or possession under the supervision of a minor’s parent, guardian, instructor or employer. (Ord. 90-913, § 1; Ord. 93-1007, § 2)

5416.1 Signs Required.

Any person engaged in the retail sale of graffiti implements must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows:

Graffiti vandalism is a crime and blight on our community. Any person who maliciously defaces real or personal property with paint, ink, dye, marker or engraver is guilty of vandalism which is punishable by a fine, imprisonment, or both. It is unlawful to sell a broad tipped marker, an engraver, or an aerosol container of paint of six (6) ounces or less to any person under the age of eighteen (18) years who is not accompanied by a parent or guardian.

The letters shall be at least three-eighths (3/8) of an inch in height. (Ord. 93-1007, § 3)

5416.2 Storage Requirements.

Any business or establishment offering for sale to the public any graffiti implement shall keep, store and maintain such graffiti implements in a place that is either: locked and secured; or within fifteen (15) feet of the cash register/clerk’s counter and in direct unobstructed view of the clerk while standing at the cash register; or otherwise inaccessible to the public without employee assistance. (Ord. 93-1007, § 4)

5417 Prohibition of Possession of a Graffiti Implement in a Public Facility.

The City Administrator or his designee is hereby authorized to post a notice at appropriate locations indicating that pursuant to California Penal Code Section 594.1 no person shall carry a graffiti implement into or upon any public street, alley, sidewalk, or other public area, including any City owned building, grounds, park or other City facility, without the permission of an authorized City officer. (Ord. 90-913, § 1; Ord. 93-1007, § 5)

Part 5. Parental Liabilities

5418 Responsibility of Perpetrator, Parents.

Any person applying graffiti on City-owned property or within the incorporated area of the City shall have the duty to remove same within twenty-four (24) hours after notice by the City or the private owner of the property involved. The removal shall be done in a manner prescribed by the Director and may be deemed by the City to satisfy any payment or penalty that might otherwise be imposed. Any person applying graffiti shall be responsible for the removal or for the payment therefor. Failure of any person to remove the graffiti or to pay for its removal shall constitute an additional violation of this Chapter. Every person who defaces property by inscribing graffiti thereon shall be liable for any resulting damages incurred by the property owner in an amount not to exceed $10,000 for each such act of defacement. Pursuant to Section 1714.1(b) of the California Civil Code, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with the minor for such damages. (Ord. 90-913, § 1; Ord. 94-1030, § 5)

5419 Remedy Cumulative.

The remedies provided in this Chapter are in addition to other remedies and penalties available under the Carson Municipal Code and the laws of the State of California. (Ord. 90-913, § 1)

5420 Reward Fund.

(a) Pursuant to California Government Code Section 53069.5, the City Council on April 3, 1989 approved the establishment of a reward fund for the purpose of encouraging persons having information regarding the identity or whereabouts of any person or persons whose willful misconduct resulted in damage to property by reason of inscribing thereon graffiti as defined in CMC 5401, to provide such information to the appropriate law enforcement authorities.

(b) By Resolution 90-094, the City Council established the “Graffiti Reporting Reward Fund” (hereinafter “the Reward Fund”). The Reward Fund is maintained in the City Treasury. The amount of the Reward Fund shall be maintained at $10,000. The maximum reward that may be paid out of the Reward Fund is $1,000 per person per incident reported. All contributions to the City by the public for the Reward Fund shall be deposited in the Reward Fund by the City Treasurer. (Ord. 92-993, § 1)

5421 Criteria to Qualify for Reward.

(a) Persons who desire to receive a payment from the Reward Fund shall:

(1) Submit written, oral, physical or other evidence regarding the circumstances surrounding damage to property by reason of graffiti inscribed thereon to the Los Angeles County Sheriff’s Department, the City’s Public Safety Department, or to any other law enforcement agency; and

(2) Cooperate with the Sheriff’s Department, the City Department of Public Safety and with any prosecuting attorneys during the investigation, trial preparation and trial phases of the criminal justice process involving persons suspected of causing the damage.

(b) Persons who satisfy the criteria listed in subsection (a) of this Section shall be considered for receipt of up to $1,000 reward upon the arrest and punishment of the person or persons charged with damage to property by inscribing graffiti thereon. For purposes of this Section, the term “punishment” includes, but is not limited to: (i) the imposition of criminal penalties following the conviction of, or entry of a plea of no contest by, the person charged with the offense; (ii) the voluntary enrollment by the person charged with the offense in the Los Angeles County Sheriff’s Juvenile Diversion Program; or (iii) court imposed enrollment in counseling or other diversion programs. (Ord. 92-993, § 1; Ord. 93-1016, § 1)

5422 Persons Ineligible to Receive Reward.

Law enforcement personnel and any Federal, State or City of Carson employee discovering the identity or whereabouts of a person or persons arrested for causing the damage during the scope and course of his or her employment shall not be eligible to receive a reward under this Part. Any person charged with causing, or complicity in, the damage shall not be eligible to receive the reward. (Ord. 92-993, § 1)

5423 Procedures for Payment of Reward.

(a) The City Administrator shall request that the Sheriff’s Department furnish the City with a report of each person punished (as such term is defined in CMC 5421(b)) for damage to property in the City of Carson by inscribing graffiti thereon. The report shall list the names of persons providing information to the Sheriff’s Department or other law enforcement agency that assisted in obtaining the arrest or punishment of the person or persons causing the damage. Such report shall set forth the relative importance of the information submitted by each person, if there is more than one, and shall include a recommended pro rata distribution of the reward to persons who submit information leading to the punishment. The report shall be reviewed and approved by the Sheriff’s Department officer handling the case or the attorney prosecuting the case. The City Administrator shall request that such report be submitted to the City within thirty (30) days of the punishment. If more than one (1) person is standing trial for causing the damage, the report shall not be forwarded until the last person charged is either punished or acquitted.

(b) Upon receipt of the report referred to in subsection (a) of this Section and any public comment, the City Council shall consider and approve or disapprove the disbursement of up to a $1,000 reward payment from the Fund per person and per incident. No money shall be paid out of such account without the approval of the City Council. (Ord. 92-994, § 1; Ord. 93-1016, § 2)

5424 Inconsistent Provisions.

In the event of an inconsistency between the provisions of Resolution 90-094 and this Part, the provisions of this Part shall control. (Ord. 92-993, § 1)