Chapter 8.60
GRAFFITI
Sections:
8.60.030 Graffiti declared a nuisance.
8.60.050 Display of aerosol spray paint containers and marker pens.
8.60.010 Graffiti defined.
As used in this chapter, “graffiti” means any form of painting, writing or inscription, regardless of the content or nature of the material used, which is placed upon any structure, fixture or sign in any location where it can be viewed from any public street, walkway, building, park, or facility, and which appears to be unauthorized by the owner or lessee of the property where located. (Ord. 694 (part), 1990)
8.60.020 Graffiti prohibited.
Writing, spraying, scratching or otherwise affixing graffiti is prohibited and is subject to penalties as provided in Municipal Code Section 1.01.090 and Title 4 of this code. If a minor is personally unable to pay any fine levied for violating this chapter, the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine by the parent or legal guardian upon a finding of good cause. (Ord. 955 § 8, 2011; Ord. 694 (part), 1990)
8.60.030 Graffiti declared a nuisance.
Graffiti is hereby determined to be a nuisance because its continued existence constitutes a visual blight upon the area in which located. (Ord. 694 (part), 1990)
8.60.040 Abatement.
The greatest disincentive to graffiti is its prompt eradication. The best way of minimizing the blight created by graffiti is quick removal of the graffiti.
For those reasons the city manager is authorized to develop procedures whereby public works personnel, or persons under contract with the city, may enter onto private property and remove or paint over the graffiti. Such a program should endeavor to notify affected property owners and allow them to promptly eradicate the graffiti. However, if the property owner(s) cannot be promptly contacted within twenty-four hours of the first attempted notification or cannot or will not immediately eradicate the graffiti, city agents may do so. The city council recognizes that the paint used in such eradication efforts will not precisely match the existing paint. However, the eradication will not damage private property more than the damage that has already resulted from the graffiti. The eradication authorized by this section shall not, without property owner permission, extend to areas not readily visible to the general public. Nothing in this section shall preclude the city from abating graffiti pursuant to Section 1.01.090 and Title 4 of this code. (Ord. 955 § 9, 2011; Ord. 726 § 1, 1992; Ord. 694 (part), 1990)
8.60.050 Display of aerosol spray paint containers and marker pens.
It is unlawful on or after November 12, 2002 for any person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, to store, or cause such aerosol paint containers or marker pens to be stored, in any area accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or aerosol paint containers. (Ord. 840 § 1, 2002)