Chapter 8.03
GRAFFITI CONTROL AND ABATEMENT
Sections:
8.03.020 Graffiti prohibited—Public nuisance.
8.03.030 Use of city funds to remove graffiti.
8.03.040 Responsibility of minors and parents or legal guardians.
8.03.050 Cost of abatement—Special assessment.
8.03.060 Retail display of graffiti materials.
8.03.010 Definitions.
As used in this Chapter, the following terms have the following meanings:
1. “Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint capable of defacing property.
2. “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.
3. “Graffiti or other inscribed material” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.
4. “Marker pen” means any indelible marker or similar implement with a writing tip exceeding four millimeters in width that contains a solution which cannot be removed with water after it dries.
5. “Minor” means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgement of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code. (Ord. No. 95-001, Enacted, 02/21/95)
8.03.020 Graffiti prohibited—Public nuisance.
It is unlawful for any person to apply graffiti on public or privately owned buildings or vehicles located on public or privately owned property within the City. It is unlawful and a public nuisance for the owner of any such property to maintain, or allow to be maintained, graffiti on such property. Where a property owner fails to abate the graffiti, the City may proceed with abatement pursuant to the procedures set forth in Chapter 8.02. (Ord. No. 95-001, Enacted, 02/21/95)
8.03.030 Use of city funds to remove graffiti.
A. City or Redevelopment Agency funds may be used to remove graffiti or other inscribed material from public or privately owned real or personal property located within the city or Agency, and to replace or repair any such property that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively, after having secured the consent of the owner or possessor of the property. The painting, repair, or replacement of other parts of the property that were not defaced is not authorized by this section.
B. The police department may promulgate procedures for pre-removal preservation of sufficient evidence of the graffiti or other inscribed material for criminal prosecutions or proceedings pursuant to Section 602 of the Welfare and Institutions Code pertaining to the person or persons who inscribed the graffiti or other material. These procedures shall be followed prior to our during removal of graffiti or other inscribed materials.
C. This section does not preclude the abatement of graffiti or other inscribed material as a nuisance pursuant to any other lawful means.
D. City or Agency funds used pursuant to this section to remove graffiti or other inscribed material from publicly or privately owned real or personal property within the City may be recovered pursuant to the procedures set forth in this Chapter or Chapter 8.02. (Ord. No. 95-001, Enacted, 02/21/95)
8.03.040 Responsibility of minors and parents or legal guardians.
A. The City may abate any nuisance resulting from the defacement of the property of another graffiti or any other inscribed material at the expense of a minor creating, causing, or committing the nuisance. The expense of abatement of the nuisance shall be made a lien against property of the minor and a personal obligation against the minor pursuant to Section 8.03.050.
B. The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor. The City Council may 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 Section 8.03.050.
C. Notwithstanding any other provision of law, the names and addresses of the parent or guardian having custody and control of the minor, if known, shall be reported by the probation officer of the county to the city clerk or other official designated by the City Council. (Ord. No. 95-001, Enacted, 02/21/95)
8.03.050 Cost of abatement—Special assessment.
Upon obtaining consent of the property owner, or using the procedures of Chapter 8.02, the City may abate any nuisance resulting from the defacement by a minor of property of another by graffiti or other inscribed material and make the abatement and related administrative costs a lien and special assessment against a parcel of land owned by the minor or by the parent or guardian having custody and control of the minor. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. (Ord. No. 95-001, Enacted, 02/21/95)
8.03.060 Retail display of graffiti materials.
A. It is unlawful for any person who owns, conducts, operates or manages a retail commercial establishment where aerosol paint containers or marker pens are sold to store or display, or cause to be stored or displayed, such spray paint containers and marker pens in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.
B. Nothing herein shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance. (Ord. 95-001, enacted, 02/21/95)