Chapter 8.56
GRAFFITI PREVENTION AND REMOVAL
Sections:
8.56.020 Regulation of sales and purchases of aerosol paint containers and etching solution.
8.56.030 Regulation of possession of graffiti implements.
8.56.060 Liability for damages and reimbursement of reward payments.
8.56.070 Graffiti removal from private property by owner.
8.56.080 Graffiti removal from private property by the city.
8.56.010 Definitions.
For the purpose of this chapter, certain terms used shall be defined as provided in this section:
“Adhesive label” shall mean any so-called bumper sticker, sheet of paper, fabric, or plastic, or other substance with an adhesive backing.
“Aerosol paint container” shall mean any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, undercoating, spray insulation, or other substance capable of defacing property.
“Etching solution” shall mean any product or compound manufactured for the purpose of permanently altering a glass surface.
“Felt-tip marker” shall mean any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth of an inch and which contains an ink or other pigmented liquid.
“Graffiti” shall mean any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on or otherwise affixed to or on any surface, regardless of the nature of the material, to the extent that the same was not authorized in advance by the owner thereof.
“Graffiti implement” shall mean an aerosol paint container, a felt-tip marker, gum label, paint stick, etching tool or solution capable of scarring glass, metal, concrete, wood, or other surface, adhesive label, or any other device capable of being used to leave a visible mark at least one-eighth of an inch in width upon any surface of any material.
“Paint stick” shall mean a device containing a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure, and, upon application, leaving a mark at least one-eighth of an inch in width.
“Structures” shall mean any structure as defined in the city’s building code, and shall include, but not be limited to, buildings, walls, fences, poles, signs, and cargo/shipping containers.
“Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails. (Ord. 1713 § 2 (part), 2010)
8.56.020 Regulation of sales and purchases of aerosol paint containers and etching solution.
A. It is unlawful 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 in fact under the age of eighteen years, any aerosol paint container, etching solution or any other graffiti implement without first obtaining bona fide evidence of majority and identity. As used herein, the phrase “bona fide evidence of majority and identity” means any document evidencing the age and identity of any individual which has been issued by a federal, state or local governmental entity.
B. It is unlawful for any person under the age of eighteen years to purchase an aerosol paint container, etching solution or any other graffiti implement.
C. Every retailer or other business establishment selling or offering for sale in the city aerosol paint containers, etching solution and/or any other graffiti implement shall store and maintain all such aerosol paint containers and etching solution in a place that is locked and secure, or which is otherwise made inaccessible to the public except upon request.
D. Every retailer or other business establishment selling or offering for sale in this city aerosol paint containers, etching solution and/or any other graffiti implement shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating: “Any person who maliciously defaces real or personal property is guilty of vandalism which is punishable by a fine, imprisonment or both.”
E. It is unlawful to sell, trade, give, exchange, or display for sale at any swap meet, flea market, open-air market, or yard sale any aerosol paint container, etching solution or any other graffiti implement. (Ord. 1713 § 2 (part), 2010)
8.56.030 Regulation of the possession of graffiti implements.
A. It is unlawful for any person to carry on his or her person and/or in plain view to the public an aerosol paint container, or a container which contains paint or dye, or any writing instrument having a porous point, tip, or nib in excess of one-eighth of one inch in width at its widest point, or a glass etching tool/solution or similar device while in any posted public facility, park, playground, swimming pool or recreational area, other than a highway, street, alley or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area. As used herein, the term “posted” means a sign placed in a reasonable location or locations stating that it is a violation of this code to possess the above-referenced instruments and devices in such public facility, park, playground, swimming pool, or recreational area without valid authorization.
B. It shall be unlawful and a misdemeanor for any person under the age of 18 years to have in his or her possession any instrument described herein below while upon private property and/or without the prior written consent of the owner of such property, or upon a public highway, street, alleyway, park, playground, swimming pool, public building or any area open to the public:
1. Any aerosol paint container or other spray can containing anything other than a solution which can be removed by water after it dries;
2. Any spray can tips, other than those affixed to a spray can not meeting the description of subsection (B)(1) of this section;
3. Any felt-tip marker containing anything other than a solution which can be removed with water after it dries;
4. Any container holding anything other than solution that can be removed with water after it dries and which can be used to apply that solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes, and bottles and cans of such solutions; and
5. Objects capable of etching glass or ceramic surfaces, including, but not limited to, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels, and any solution capable of etching these surfaces when applied, including acids and etching baths.
C. The provisions of this section shall not apply to any person under the age of eighteen years attending or traveling to or from school, at which time the minor is enrolled, if the minor is participating in a class at said school which has a written requirement of the class for the possession of the implements or instruments described in this section. The burden of proof in any prosecution for a violation of this section shall be upon the minor student to establish enrollment in a class that requires the possession of the implements or instruments described in this section. (Ord. 1713 § 2 (part), 2010)
8.56.040 Graffiti prohibited.
It shall be unlawful and a misdemeanor for any person to apply graffiti (including etching and etching materials/substances) to any building, structure, tree, shrub, curb, or vehicle located within the city. It shall also be unlawful and a misdemeanor for any person to apply or affix any adhesive label to any building, structure, tree, shrub, curb, or vehicle not owned or lawfully possessed by such person, or without advance authorization by the owner thereof. (Ord. 1713 § 2 (part), 2010)
8.56.050 Graffiti reward.
A. Pursuant to California Government Code Section 53069.5, the city does hereby offer a reward in an amount to be established by resolution of the city council for information leading to the arrest and conviction of any person for a violation committed within the state of California of Penal Code Sections 594 or 594.3 (by the use of graffiti), 640, 640.5, 640.6, or Section 8.56.040 of this chapter. In the event of multiple contributors of information regarding a single event or suspect, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
B. Claims for rewards under this section shall be filed, in writing, with the city clerk. Each claim should:
1. Specifically identify the date, location, and kind of property damaged or destroyed;
2. Identify by name the person who was convicted; and
3. Identify the court and the date upon which the conviction occurred.
C. The city council shall review each claim for reward submitted pursuant to this chapter and either accept, accept in part, or deny the claim. No claim for a reward shall be accepted by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. The investigation must determine that the claimant’s information was relevant and directly responsible for the arrest and conviction of the suspect.
D. The offer of reward is made to members of the public generally. However, no law enforcement officer, municipal officer, employee of the city, or person(s) apprehended shall be eligible for such reward.
E. Any person committing graffiti vandalism, and if said person is an unemancipated minor, then the parent or lawful guardian of said minor, shall be civilly liable for any reward paid pursuant to this section. (Ord. 1713 § 2 (part), 2010)
8.56.060 Liability for damages and reimbursement of reward payments.
A. Pursuant to Section 1714.1(b) of the California Civil Code, any act of willful misconduct of a minor and/or adult which results in the defacement of property of another with paint, graffiti implement, or any similar substance or device, shall be imputed to the parent and/or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney’s fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars for each such act of the minor.
B. Any person violating the provisions of Section 8.56.040 shall pay to the city the amount of any reward paid pursuant to Section 8.56.050, and, if such person is an unemancipated minor, such minor’s parent and/or guardian shall be liable therefor and shall pay the amount of any such reward to the city. Failure to pay any amount demanded by the city pursuant to this subsection within thirty days after written demand therefor shall constitute a violation of the provisions of this subsection. (Ord. 1713 § 2 (part), 2010)
8.56.070 Graffiti removal from private property by owner.
It is unlawful for the owner of any privately owned real property to permit graffiti or other unauthorized inscriptions to remain on any building, structure or other facility so as to be capable of being viewed by persons utilizing any public right-of-way in the city, such as a highway, street, road, parkway or alley; provided, that the city manager, chief of police, or his designee, has given written notice to the owner to remove the graffiti within a period of ten calendar days and such time period has elapsed without remedial action. (Ord. 1713 § 2 (part), 2010)
8.56.080 Graffiti removal from private property by the city.
Upon a determination by the city manager, chief of police, or his designee, that graffiti or other unauthorized inscriptions are on any privately owned building, structure or other facility and are in view of persons utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the city shall be authorized to undertake the removal of such graffiti. Prior to the removal of such graffiti, the city shall obtain the written consent of the owner, including an appropriate release form and right of entry form authorizing such graffiti removal. The city shall not authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located. The authority of the city under this section shall be in addition to all other remedies available under the provisions of this code, including those related to the abatement of nuisances. (Ord. 1713 § 2 (part), 2010)
8.56.090 Penalties.
A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and be subject to the penalties set forth in Chapter 1.16.
B. Additional Penalties. Whenever deemed appropriate, it is the city’s intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:
1. Suspension or delay in issuance of driver’s license (pursuant to California Vehicle Code Section 13202.6); and
2. Community service and/or graffiti removal service (pursuant to California Penal Code Sections 640.6 and 1203 et seq., Welfare and Institutions Code Sections 728 and 729.8, and Vehicle Code Section 42001.7).
C. Lien Against Property. It is the intent of the city to make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor (pursuant to California Government Code Section 38772, California Penal Code Section 1202.4 and other state law). “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.
D. Cumulative Remedies. The remedies provided in this chapter are in addition to other 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. 1713 § 2 (part), 2010)