Chapter 9.04
SUPPRESSION OF GRAFFITI
Sections:
9.04.030 Prohibited sales display.
9.04.050 Possession of graffiti implements or paraphernalia.
9.04.060 Furnishing graffiti implements or paraphernalia to minors prohibited.
9.04.080 Repealed.
9.04.010 Findings.
A. The city council finds that graffiti, on public and private properties, is a blighting factor on the neighborhood, encourages other acts of malicious vandalism, and depreciates the value of adjacent and surrounding properties.
B. The city council also finds that graffiti is inconsistent with the city’s property maintenance goal, aesthetic standards, and that all graffiti is obnoxious.
C. The city council further finds that aerosol paint containers and felt tip markers are used to create graffiti and that there is a need for retailers to keep such items under lock and key, available only on special request, to reduce their use for the purpose of graffiti. (Ord. 276 § 3, 2002)
9.04.020 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall have the meanings respectively ascribed to them by this section:
“Aerosol paint containers” means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion devices, and which is capable of defacing property.
“Felt tip marker” means any broad tipped indelible marker or similar implement containing ink or dye that is not water-soluble, and which has a flat or angled writing surface one-half inch or greater.
“Graffiti” means any form of unauthorized painting, writing, or inscription regardless of the content or nature of the material used in the commission of the act, which is affixed on any public facilities or vehicles or any other property of a governmental entity as defined by Section 811.2 of the Government Code, or on any real or personal property of others without their consent, and which causes defacement, damage or destruction of property.
“Graffiti implement or paraphernalia” means any aerosol paint container, felt tip marker, paint or graffiti stick, gum label, or etching tool device capable of scarring any surface, including, but not limited to, glass, metal, concrete or wood; any piece, design or scrapbook or drawings, illustrating graffiti marks or signs.
“Gum label” means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removed.
“Paint stick or 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, leaving a mark at least one-sixteenth of an inch in width. (Ord. 276 § 3, 2002)
9.04.030 Prohibited sales display.
Every retailer selling or offering for sale in the city aerosol paint containers or felt tip markers shall keep, store and maintain such items in such a place that is viewable by, but not accessible to, the public in the regular course of business without employee assistance or which is otherwise unavailable except by special request. (Ord. 276 § 3, 2002)
9.04.040 Graffiti prohibited.
A. It is unlawful for any person to paint, spray, chalk, etch, or otherwise apply graffiti on public or privately owner buildings, signs, walls, permanent structures, or places or other surfaces located on public or privately owned property within the city.
B. It is 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 to remain on any permanent structure located on the property when the graffiti is visible from the street or public or private property. (Ord. 276 § 3, 2002)
9.04.050 Possession of graffiti implements or paraphernalia.
A. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia while in or upon any public park, playground, swimming pool, public recreational facility, underpass, bridge abutment, storm drain, or private property without the written consent of the owner, with the specific intent to paint, spray, chalk, etch or otherwise apply graffiti on any of the following places or things, including but not limited to: public or privately owned buildings, signs, walls, permanent structures, places or other surfaces within the city.
B. Exceptions.
1. A minor who is attending and is actively enrolled in a class which requires use of such implements of which written permission from the school is in his or her possession;
2. An authorized city employee of the city of Highland, or agent thereof, or its contractors. (Ord. 276 § 3, 2002)
9.04.060 Furnishing graffiti implements or paraphernalia to minors prohibited.
It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement or paraphernalia to any person under the age of 18 years without consent of the parent or lawfully designated custodian of the person, which custodian consent shall be given in advance in writing. (Ord. 276 § 3, 2002)
9.04.070 Civil liability.
A. Every person who (1) defaces with paint or any other substance, (2) alters the condition of appearance, (3) damages, or (4) destroys any real or personal property of the owner or user shall be liable to the owner or user of such real or personal property for the cost to repair or restore such property to its original condition together with the value of the loss of use during the period of injury and all other detriment proximately caused thereby. In any action under this section, the owner or user who recovers damages under this section shall be awarded costs and attorney fees expended in pursuing recovery.
B. Any willful act of a minor which results in the defacement of property of another under subsection A of this section shall be imputed to each parent or guardian having custody and control of the minor for all purposes, which shall include any civil damages incurred by the owner or user of the property, including court costs and attorney fees; and each parent or guardian having custody and control shall be jointly liable with the minor for any damages resulting from the minor’s willful conduct not to exceed $10,000 for each tort of the minor. (Ord. 276 § 3, 2002)
9.04.080 Criminal liability.
Repealed by Ord. 370. (Ord. 276 § 3, 2002)