Chapter 9.65
PREVENTION AND REMOVAL OF GRAFFITI
Sections:
9.65.030 Possession of graffiti implement.
9.65.050 Authorization to remove.
9.65.060 Notice to abate graffiti.
9.65.080 Failure to remove graffiti upon notice.
9.65.100 Sale of graffiti implements.
9.65.110 Reward for information.
9.65.120 Parental responsibility.
9.65.130 Penalty for violation of chapter.
9.65.150 Suspension or delay of driving privileges.
9.65.155 Graffiti resistant paints and coatings.
9.65.180 Transmittal/notification of ordinance.
9.65.195 Policy of cost recovery.
9.65.010 Definitions.
For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:
“Aerosol container” means any aerosol-based container, bottle, spray device or other mechanism, six ounces or less which is adapted or made for the purpose of spraying paint, ink, dye or other similar substance.
“Bona fide evidence of majority and identity” means 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.
“City” means the city of Covina, California.
“City manager” means the city manager of the city of Covina or his or her designee.
“Felt tip marker” means any indelible marker, pen or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled tip which at its broadest width is greater than one-eighth inch.
“Graffiti” means the unauthorized application of paint, ink, chalk, dye or the use of any other instrument capable of defacing, damaging, or destroying public and private buildings, structures, or any portion thereof.
“Graffiti implement” means an aerosol container, a felt tip marker, paint stick, etching instrument, or any other device containing paint, ink, chalk, polish, dye or similar substance which when used or applied is capable of defacing glass, metal, plastic, stone, concrete or wood.
“Paint stick or graffiti stick” means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance that is not water soluble and is capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch in width. (Ord. 05-1926 § 1, 2005; Ord. 94-1763 § 1, 1994; Ord. 93-1752 § 2, 1993.)
9.65.020 Graffiti prohibited.
A. It is unlawful for any person to apply graffiti to any public or privately owned building, fence, window, wall, structure, or trash receptacle, located on public or privately owned real property within the city.
B. The exterior of all privately owned buildings, fences, windows, walls, structures and trash receptacles shall be free from graffiti when such graffiti is visible from a public street, alley, or right-of-way.
C. It is unlawful for any owner, lessee, legal occupant or other person having present legal possession of a lot or parcel of land within the city to (1) permit graffiti to remain upon such lot or parcel of land, or (2) to maintain any building, fence, window, wall, structure or trash receptacle affixed to such lot or parcel of land with graffiti on such building, fence, window, wall, structure, trash receptacle or any portion thereof, for a period in excess of 72 hours following service by the city of a notice to abate graffiti. Each day the graffiti is maintained beyond the initial 72-hour period constitutes a separate offense and is subject to the penalties set forth in CMC 9.65.080. (Ord. 05-1926 § 2, 2005; Ord. 94-1763 § 2, 1994; Ord. 93-1752 § 2, 1993.)
9.65.030 Possession of graffiti implement.
No person under the age of 18 years and not in the presence of a parent or legal guardian shall have in his or her possession a graffiti implement, as defined by this chapter, while in any public place or public right-of-way in the city unless necessary in order to participate in any city sponsored function. This section shall not apply to authorized employees of the city nor shall it apply to the authorized agents or contractors under contract with the city. (Ord. 94-1763 § 3, 1994; Ord. 93-1752 § 2, 1993.)
9.65.040 Removal policy.
The city manager or his designee shall develop a graffiti removal program to assist property owners in the expeditious removal of graffiti from their property. Notwithstanding any other provision of this chapter, the city shall be authorized to recover its costs incurred in the removal of graffiti from private property if:
A. The removal of graffiti or other inscribed material from privately owned real property with the prior written consent of the owner, lessee, legal occupant or other person having present legal possession exceeds three requests per privately owned real property during one calendar year;
B. Nothing in this chapter shall prohibit the city manager or his designee from waiving the provisions of subsection (A) of this section if it can be determined that the affected property owner, lessee, legal occupant or other person having present legal possession has demonstrated a conscientious effort to prevent graffiti or other inscribed material from being affixed to their property as evidenced by, but not limited to, the installation of security devices such as surveillance cameras, security lighting, sprinklers linked to motion sensors, protective or covering landscaping; graffiti resistant building materials; or the application of graffiti resistant paint or coatings;
C. The city is required to abate graffiti or other inscribed material from privately owned real property, in accordance with CMC 9.65.050(B)(3) or (B)(4);
D. Notwithstanding giving his or her written consent to removal of graffiti or other inscribed material, costs shall be recoverable from a private property owner, lessee, legal occupant or other person having present legal possession that has persuaded, allowed or encouraged the affixing of graffiti or other inscribed material upon the subject private property. (Ord. 05-1926 § 3, 2005; Ord. 93-1752 § 2, 1993.)
9.65.050 Authorization to remove.
Graffiti may be removed by any of the following methods:
A. Wherever graffiti or other inscribed material as defined in this chapter is so located on public or privately owned property within the city so as to be capable of being viewed by a person utilizing any street, alley or public right-of-way in the city, the city manager is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:
1. In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be encouraged.
2. Where a building, fence, wall, window, structure or trash receptacle is owned by a public entity other than this city, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the building, fence, wall, window, structure or trash receptacle and such entity executes a release and waiver, approved as to form by the city attorney, and agrees to an assumption of costs incurred by the city for the removal of the graffiti or other inscribed material.
3. Where a building, fence, wall, window, structure or trash receptacle is privately owned, the removal of the graffiti or other inscribed material may be authorized in accordance with subsection (B) of this section.
B. Graffiti which is located on privately owned buildings, fences, walls, windows, structures or trash receptacles on privately owned real property within the city and which can be viewed by a person utilizing any street, alley or public right-of-way within the city may be removed by the city under the following circumstances:
1. The city may immediately enter upon private property and remove graffiti or other inscribed material from privately owned buildings, fences, walls, windows, structures or trash receptacles; provided, that the city shall have secured written advance consent of the owner, lessee, legal occupant or other person having present legal possession of the private property to enter upon the private property for purposes of graffiti removal, and the owner, lessee, legal occupant or other person having present legal possession has executed a written release and waiver approved as to form by the city attorney in conjunction with said advance written consent.
2. The city may enter upon private property and remove graffiti or other inscribed material from privately owned buildings, fences, walls, windows, structures or trash receptacles; provided, that the city shall have subsequently secured the written consent of the owner, lessee, legal occupant or other person having present legal possession of the private property to enter upon private property for purposes of graffiti removal, and the owner, lessee, legal occupant or other person having present legal possession has executed a written release and waiver approved as to form by the city attorney in conjunction with said written consent.
3. Where either (a) the owner, lessee, legal occupant or other person having present legal possession refuses to consent to its removal, or (b) the owner’s, lessee’s, or legal occupant’s written consent cannot otherwise be obtained; the city may declare graffiti or other inscribed material upon privately owned buildings, fences, walls, windows, structures or trash receptacles to be a public nuisance and may abate said graffiti or other inscribed material after providing notice to the owner in accordance with CMC 9.65.060.
4. Notwithstanding any provision of this chapter to the contrary, the city may immediately enter upon private property and remove graffiti or other inscribed material from privately owned buildings, fences, walls, windows, structures or trash receptacles upon finding that said graffiti or other inscribed material constitutes an immediate hazard to public health and safety that must be abated without delay. Under such circumstances, the city shall provide written notice of emergency abatement to the owner as soon as practicable after the abatement is concluded. The city may recover its costs of emergency abatement in accordance with those procedures set forth in CMC 9.65.070. (Ord. 05-1926 § 4, 2005; Ord. 94-1763 § 4, 1994; Ord. 93-1752 § 2, 1993.)
9.65.060 Notice to abate graffiti.
Whenever the city manager determines that graffiti is being maintained upon the premises within the city in violation of CMC 9.65.020, the city manager shall send, by registered or certified mail, or post, at a conspicuous place on the premises where the graffiti is located, written notice to the owner, and to any lessee, occupant or other person having present possession of a lot or parcel of land within the city that the graffiti must be removed within 72 hours from the date of service of the notice. The notice shall be entitled “Notice to Abate Graffiti” in letters not less than one inch in height, and shall cite this chapter as authority for such abatement. The notice shall contain a general description of the property on which the graffiti is located.
A. The notice shall be on city letterhead in substantially the following form:
NOTICE TO ABATE GRAFFITI
NOTICE IS HEREBY GIVEN that under the provisions of Section 9.65.020 of Covina Municipal Code Chapter 9.65 you are required at your expense to remove or paint over the graffiti located on the property commonly known as _____________, Covina, California, which is visible to public view, within seventy-two (72) hours after the date of service of this notice. The graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order, the City or its contractor will enter upon your property and abate the public nuisance. The cost of the abatement by the City or its contractor will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matter are hereby notified to submit an appeal to the Office of the City Manager within seventy-two (72) hours from the date of this notice.
At the conclusion of this seventy-two (72) hour period the City may proceed with the abatement of the graffiti on your property at your expense without further notice.
B. If an appeal has been made to the office of the city manager within 72 hours from the date of the notice to abate graffiti, the city manager, or his designee, shall hold an administrative hearing on the appeal. The decision of the city manager or his designee shall be final and conclusive.
C. If an appeal has not been submitted as set forth in subsection (B) of this section, or if the appeal has been denied following an administrative hearing, and if the private property owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as approved by the city manager, then the city manager shall cause the graffiti to be abated as a public nuisance by the city or its contractor, and the city or its contractor is expressly authorized to enter upon the premises for such purpose. (Ord. 93-1752 § 2, 1993.)
9.65.070 Recovery of costs.
Should the city manager be required to abate the graffiti as a public nuisance as set forth in CMC 9.65.060(C), the city shall recover, pursuant to California Government Code Section 38773, the costs of abatement through the assessment of a lien against the property on which the nuisance is maintained.
A. Prior to the recordation of a lien against property for the recovery of abatement and related administrative costs, the city, in accordance with Sections 38773.1 or 38773.5 of the California Government Code, shall provide written notification, by registered or certified mail, to the property owner that a lien will be assessed against their property and such costs will constitute a lien upon the land until paid. The notice of lien shall for purposes of this chapter be in the form substantially as follows:
NOTICE OF LIEN
Pursuant to California Government Code Section 38773 and the authority of Chapter 9.65 of the Covina Municipal Code, the City Manager of the City of Covina did on or about the _______ day of _________, 20___ cause the removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Covina did on the ______ day of _______, 20___ assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Covina does hereby claim a lien for such costs of abatement in the amount of said assessment to wit: the sum of ____________________ dollars; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Covina, County of Los Angeles, State of California and particularly described as follows: ______________________________________________________________________________________________________________________________________________.
DATED this ________ day of ________________, 20___.
________________________________ City Clerk, City of Covina.
B. Between the first and the fifteenth day of July of each year, the city manager shall cause to be published in the official newspaper of the city a notice that any person affected or aggrieved by any act or determination of the city in connection with the provisions of this section may appeal to the city council. An appeal shall be in writing and shall be filed with the office of the city clerk not later than the fifteenth day of June. At the next regularly scheduled meeting of the city council after the fifteenth day of July, or from time to time thereafter as may be determined by the council, the city council shall hear and render a decision upon each appeal, and the determination of the council shall be final and conclusive. In the event any determination of the city is modified by determination of the city council or any assessment changed or corrected, the city manager shall cause the correction to be made upon the record showing the assessment.
C. At the expiration of the time for appeal, or upon the determination by the city council of all appeals so filed, and in compliance with the requirements of any determination so made, the city manager shall deliver to the county auditor of the county of Los Angeles an abstract of each lot or parcel of land within the city affected by this section and the amount of each such charge to be placed upon the assessment roll against the respective parcel. Thereafter, the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as city taxes. The provision of this section shall not apply to any lot or parcel of land if the charge against it has been paid prior to the delivery of the abstract to the county auditor. (Ord. 05-1926 § 5, 2005; Ord. 94-1763 § 5, 1994; Ord. 93-1752 § 2, 1993.)
9.65.080 Failure to remove graffiti upon notice.
In addition to any costs incurred by the city for the abatement of graffiti from private property, failure to voluntarily abate graffiti after notification shall result in the following penalties:
A. The failure of any person, firm, partnership, or corporation to remove graffiti within the prescribed 72-hour period as set forth in CMC 9.65.020 constitutes an infraction and is punishable by a fine of $100.00 upon first conviction thereof.
B. Any person, firm, partnership, or corporation convicted of violating CMC 9.65.020 for a second time shall be guilty of an infraction and shall be punished by a fine of $250.00.
C. Any person, firm, partnership, or corporation convicted of violating CMC 9.65.020 for a third time or any subsequent number of times shall be deemed guilty of an infraction and shall be punished by a fine not exceeding $500.00.
D. Any person, firm, partnership, or corporation previously convicted three times under this section, violating the provisions of CMC 9.65.020, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in CMC 9.65.130(A). (Ord. 93-1752 § 2, 1993.)
9.65.090 Alternative actions.
The violation of any of the provisions of this chapter or any state law pertaining to vandalism of property with a graffiti implement shall constitute a nuisance and may be abated by the city through a civil process by means of a restraining order, preliminary or permanent injunction or in any other manner available to the city under provisions of applicable ordinance or state law. (Ord. 93-1752 § 2, 1993.)
9.65.100 Sale of graffiti implements.
A. It is unlawful for any person, firm or corporation to sell or give any graffiti implement, as defined by this chapter, to any individual under the age of 18 years, who is not accompanied by a parent or legal guardian, without first obtaining bona fide evidence of majority and identity.
B. Any person, firm or corporation offering for sale to the public any graffiti implement, as defined by this chapter, shall keep, store and maintain such material in a place that is locked and secure, or otherwise inaccessible except by special request.
C. Any person, firm or corporation engaged in the retail sale of any graffiti implement, as defined by this chapter, must display at a conspicuous location a legible sign measuring not less than 12 inches by 12 inches with letters at least one-half inch in height which states:
Any person who maliciously defaces real property is guilty of vandalism which is punishable by a fine, imprisonment, or both.
D. Notwithstanding the provisions of this chapter, it is unlawful, pursuant to Section 594.1 of the California Penal Code, for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person who is under the age of 18 years any aerosol container containing six ounces or more of paint, without first obtaining bona fide evidence of majority and identity.
E. Any person, firm or corporation that violates any provision of this section shall be guilty of a misdemeanor as set forth in CMC 9.65.130. (Ord. 94-1763 § 6, 1994; Ord. 93-1752 § 2, 1993.)
9.65.110 Reward for information.
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 chapter, 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 chapter and Section 53069.5 of the California Government Code. (Ord. 93-1752 § 2, 1993.)
9.65.120 Parental responsibility.
Pursuant to Section 1714(b) of the California Civil Code, where graffiti is applied by an unemancipated minor, the parents or legal guardian of said 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 $25,000 for each such offense. (Ord. 05-1926 § 6, 2005; Ord. 93-1752 § 2, 1993.)
9.65.130 Penalty for violation of chapter.
It is unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this chapter.
A. Except as provided in CMC 9.65.080, any person, firm, partnership, or corporation violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this chapter is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this chapter.
B. Notwithstanding the penalties set forth in subsection (A) of this section, any person who maliciously defaces, damages or destroys property with a graffiti implement is guilty of vandalism, pursuant to Section 594 of the California Penal Code, and upon conviction thereof shall be punished by imprisonment in the state prison or in a county jail for a period not to exceed one year, or by a fine of $5,000, but no more than $50,000, depending upon the severity and the amount of defacement, damage or destruction to property, or by both such fine and imprisonment. (Ord. 93-1752 § 2, 1993.)
9.65.140 Community service.
A. Upon conviction of any person for violation of CMC 9.65.020, or any state law pertaining to vandalism of property with a graffiti implement, the city shall petition the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the city shall request any adult or emancipated minor convicted of vandalism, as defined by Section 594(a)(1) of the California Penal Code, to: (1) complete a minimum of 48 hours, but not more than 200 hours, of community services, over a period of 180 calendar days and during any time other than hours of school attendance or employment, cleaning up, removing and repairing property damaged by graffiti for the first conviction; and (2) complete 96 hours, but no more than 400 hours, of community services, over a period of one-three hundred fifty calendar days and during any time other than hours of school attendance or employment, cleaning up, removing, and repairing property damaged by graffiti for each subsequent conviction.
B. Any person who is under the age of 18 when he or she violates any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Section 602 of the California Welfare and Institutions Code by reason of the commission of vandalism, may be required to perform community service time pursuant to Section 728 of the California Welfare and Institutions Code. For any minor adjudicated guilty of vandalism, the city will petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.
C. If a minor is personally unable to pay any fine levied for violating any provision of this chapter or is otherwise unable to make restitution for damages, the minor’s parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city shall petition the sentencing court, and the court, at the court’s option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this chapter, to clean up, repair, or replace property damaged by the unemancipated minor. (Ord. 05-1926 § 7, 2005; Ord. 93-1752 § 2, 1993.)
9.65.150 Suspension or delay of driving privileges.
For each conviction of a person aged 13 to 21 for violation of CMC 9.65.020, or any state law pertaining to vandalism of property with a graffiti implement, the city shall petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance to California Vehicle Code Section 13202.6. (Ord. 93-1752 § 2, 1993.)
9.65.155 Graffiti resistant paints and coatings.
Notwithstanding any other provision of this code to the contrary, all owners, lessees, legal occupants, or persons in legal control of real property within the city shall, as a condition to the issuance of any land use entitlement (including, but not limited to, variances, conditional use permits or site plan reviews), building permit or other city approval, apply graffiti resistant paints, coverings, or coatings to any newly constructed or reconstructed buildings, fences, walls, windows, structures or trash receptacles, or portions thereof, which are visible from a public street, alley or right-of-way, upon those reasonable conditions that may be prescribed by the city. (Ord. 05-1926 § 8, 2005.)
9.65.160 Severability.
The city council declares that, should any provision, section, paragraph, sentence, or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter shall remain in full force and effect. (Ord. 93-1752 § 2, 1993.)
9.65.170 Remedies cumulative.
The remedies provided in this chapter are in addition to other remedies and penalties available under provisions of applicable ordinances of the city and the laws of the state of California. All provisions of the Los Angeles County Code, as heretofore adopted by the city of Covina, which are in conflict with the provisions of this chapter are repealed. (Ord. 93-1752 § 2, 1993.)
9.65.180 Transmittal/notification of ordinance.
The finance department, in cooperation with the police department, will use its best efforts to identify businesses in the city which may offer for sale to the public aerosol spray paint containers, writing instruments and/or glass etching tools, and cause a copy of the ordinance codified in this chapter to be transmitted to such persons and businesses by first-class United States mail at the earliest feasible date. (Ord. 94-1763 § 7, 1994.)
9.65.195 Policy of cost recovery.
A. It shall be the policy of the city to recover all allowable costs for removal and repair due to vandalism and/or graffiti from those who commit the act(s) and/or from their parents or guardians.
B. It shall also be the policy of the city to seek to have imposed all available penalties upon those persons who deface property in the city. (Ord. 94-1763 § 8, 1994.)