Chapter 4.8 Graffiti Control
4.8.10 Purpose of this Chapter
The purpose of this Chapter is to establish regulations for the control and abatement of graffiti. This Section of the Municipal Code shall be referred to as the City of La Habra Heights Graffiti Control Ordinance.
4.8.20 Graffiti Deemed a Nuisance
The City Council hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained. Furthermore, the City Council finds that it is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to keep such property clear and free of graffiti at all times. The existence of any surface of a structure on any property within the City of La Habra Heights where such surface has been defaced with graffiti after removal more than five (5) times in a twelve (12) month period is hereby deemed to be a nuisance, and may be abated by the City according to the provisions and procedures adopted by the City.
4.8.30 Possession of Graffiti Implements
The following governs the possession of implements that may be used in defacing property and structures with graffiti.
A. It is unlawful for any person under the age of eighteen (18) years to have in his or her possession any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to these specific locations upon public property, or upon private property, without the prior written consent of the owner or occupant of such private property. The provisions of this Subsection shall not apply to the possession of felt-tip markers by minors attending, or traveling to or from school at which the minor is enrolled, if the minor is participating in a class at said school that formally requires the possession of felt-tip markers. The burden of proof in any prosecution for violation of this Section shall be upon the minor student to establish the need to possess a felt-tip marker.
B. It is unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, or other public owned or operated building or within one hundred (100) feet of an underpass, bridge abutment, storm drain or similar types of infrastructure.
C. It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish or cause to permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or other lawfully designated guardian.
4.8.40 Removal of Graffiti by Perpetrator
Any person applying graffiti must remove the graffiti within twenty-four (24) hours after notice by the City or the private owner of the property involved. Such removal shall be done in a manner prescribed by the law enforcement agency, the Community Development Director or any additional department head as authorized by the City Manager. In addition, the following provisions governing the removal of graffiti shall also apply:
A. Any person applying graffiti shall be responsible for such removal or for the payment for removal. Failure of any person to so remove graffiti or pay for its removal shall constitute an additional violation of this Chapter.
B. The parent(s) or legal guardian(s) of a minor who applies graffiti shall be responsible for such removal or for the payment of the removal.
C. The public law enforcement agency, the Community Development Director or any additional department head, as authorized by the City Manager, may convert such payment into equivalent forms of community service hours. Such payments or equivalent forms of community service hours shall be in addition to any other penalties imposed.
4.8.50 Property Owner’s Responsibility
The property owner or the person(s) responsible for maintaining the property must adhere to the following requirements:
A. It is unlawful for any person who is the owner, or who has primary responsibility for control of property, to permit said property which is defaced with graffiti to remain so defaced for a period of five (5) days after service of notice by first-class mail, personal service, or posting of notice on the property.
B. The requirements of Subsection A of this Section will not apply if the responsible party demonstrates by a preponderance of the evidence that he or she does not have the financial ability to remove the defacing graffiti.
C. The requirements of Subsection A will not apply if the responsible party demonstrated that they have an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after service of notice by first-class mail personal service, or posting of notice on the property.
4.8.60 Punishment/Public Nuisance
Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor punishable pursuant to the procedures set forth in Article 8.
4.8.70 Rewards for Information
The City of La Habra Heights may offer rewards for information leading to the identification and apprehension of any person who willfully applies graffiti or otherwise defaces, damages or destroys any public or privately owned property.
4.8.80 Penalties and Civil Liability of Parents
Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits, or by insufficient control allows, a minor to violate the restrictions of this Chapter is guilty of a misdemeanor punishable pursuant to the procedures set forth in Article 8.