Chapter 4.8
GRAFFITI IMPLEMENTS
Sections:
4.8.02 Possession by minors and adults: Prohibited.
4.8.01 Terms defined.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
“Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adopted or made for the purpose of spraying paint or other substance capable of defacing property.
“Felt tip marker” means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch (1/8′′), containing an ink that is not water-soluble.
“Graffiti” means any unauthorized inscription, work, figure or design that is marked, etched, scratched, drawn or painted on any surface.
“Graffiti implement” means an aerosol paint container, a felt tip marker, a paint stick, an aerosol paint activator tip, a masonry drill bit, a glass drill bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, or any other substance or implement that can be used to make permanent scratches on any surface.
“Minor” means a person under eighteen (18) years of age.
“Paint stick” means a device containing a solid form of paint, chalk, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch (1/8′′) in width, visible from a distance of twenty feet (20′), and not water-soluble. (§ 1, Ord. 94-3, eff. February 17, 1994, as amended by § 1, Ord. 95-5, eff. March 23, 1995)
4.8.02 Possession by minors and adults: Prohibited.
(a) It is unlawful for any minor to possess any graffiti implement:
(1) While upon public property; or
(2) While upon private property without the consent of the owner of such private property. Such consent must be given in advance and must authorize the person’s presence while in the possession of a graffiti implement.
This subsection shall not apply if possession of the graffiti implement is for a lawful purpose. Lawful purpose includes:
(1) While the minor is attending, or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a requirement of said class, the need to use the graffiti implement; and
(2) While the person is attending, or traveling to or from a place of employment at which the person is employed, if as a requirement of the employment the person has a need to use the graffiti implement.
(b) This section is not intended to conflict with California Penal Code Sections 594.1 and 594.2. (§ 1, Ord. 94-3, eff. February 17, 1994, as amended by § 2, Ord. 95-5, eff. March 23, 1995)
4.8.03 Punishment provisions.
Police diversion program: Community service with minimum hours and parental involvement. In lieu of, or as a part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including, but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this chapter), the Police Chief or his designated representative shall be authorized to order said minor to perform such community service as the Police Chief deems appropriate, but which community service shall contain the following minimum elements:
(a) The minor shall perform not less than twenty (20) hours nor more than 100 hours of community service.
(b) At least one of the custodial parents, or if none, guardians, shall be in attendance at least fifty (50%) percent of the period of assigned community service.
(c) The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. (§ 1, Ord. 94-3, eff. February 17, 1994)
4.8.04 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions to be declared invalid or unconstitutional. (§ 1, Ord. 94-3, eff. February 17, 1994)