Chapter 9.10
POSSESSION OF GRAFFITI IMPLEMENTS
Sections:
9.10.020 Prohibited possession of graffiti implement.
9.10.030 Construction--Severability.
9.10.010 Terms defined.
For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:
A. "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 or other substance capable of defacing or marking upon real or personal property.
B. "Felt-tip marker" means any marking pen or similar implement with a tip which at its widest point is wider than one-eighth inch, and which is capable of producing a mark visible from a distance of twenty feet.
C. "Graffiti" means any form of unauthorized painting, writing, design, figure or inscription that is marked, etched, scratched, drawn or painted on any surface, regardless of the content or nature of the material used in making the unauthorized marking.
D. "Graffiti implement" means an aerosol paint container, a felt-tip marker, a paint stick, or other device used for the creation of graffiti.
E. "Minor" means a person under eighteen years of age.
F. "Paint stick" means a device containing a form of paint, chalk, epoxy, or other 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, visible from a distance of twenty feet. (Ord. 94-07 §1(part), 1994).
9.10.020 Prohibited possession of graffiti implement.
It is unlawful for any person to possess a graffiti implement with the intent to deface property or for the purpose of defacing property while on any public highway, street, alley or way or other public place, or while on private property without the consent of the owner of such property. Such consent must have been given in advance and must authorize the person’s presence while possessing a graffiti implement.
A person’s failure to provide a legitimate reason for possession a graffiti implement when questioned by a law enforcement officer shall be evidence of intent to deface property. (Ord. 94-07 §1(part), 1994).
9.10.030 Construction--Severability.
This chapter is not intended to conflict with California law, and shall be construed so as to avoid conflict with or preemption by California law. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, and to this end the provisions of this chapter are severable. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 94-07 §1(part), 1994).
9.10.040 Violation--Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor. In addition to other penalties prescribed for misdemeanors by the laws of the state of California, or as a condition for probation for any violation of this chapter, the court may order a defendant convicted of a violation of this chapter to perform community service as follows:
A. For a first conviction under this chapter, community service not to exceed one hundred hours over a period not to exceed ninety days during a time other than during his or her hours of school attendance or employment.
B. If the person has a prior conviction under this chapter, community service not to exceed two hundred hours over a period not to exceed one hundred eighty days during a time other than during his or her hours of school attendance or employment.
If a minor is ordered to perform community service, at least one of the minor’s parents or guardians shall be present with the minor for at least half of the time spent performing community service. The court may waive all or part of the parent’s or guardian’s attendance upon a finding of good cause. (Ord. 94-07 §1(part), 1994).