Chapter 7.30
GRAFFITI CONTROL
Sections:
7.30.010 Purpose.
7.30.020 Definitions.
7.30.030 Declaration of nuisance.
7.30.040 Prohibited acts.
7.30.050 Removal and abatement.
7.30.060 Requirements for merchants.
7.30.070 Penalty and enforcement.
7.30.080 Rewards.
7.30.010 Purpose.
A. Graffiti on public or private property is a condition of blight that not only depreciates the value of the property, but also depreciates the value of the adjacent and surrounding properties and businesses to create a negative impact upon the entire community.
B. Graffiti has also been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation used by gangs, and its presence may further gang-related activities.
C. Acts of graffiti are most often committed by persons under the age of 18, using aerosol containers of spray paint and/or etching solution. Retail stores that display and/or sell these implements of graffiti are prohibited by state law from selling them to minors, and should be required to take reasonable steps to prevent their theft.
D. State law authorizes the city to declare what constitutes a nuisance, and to provide for the removal of the nuisance, including graffiti.
E. The city council finds and determines that graffiti is detrimental to the public health, safety and general welfare and constitutes a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti.
F. The purpose of this chapter is to provide a program and enforcement tools in addition to those already provided by state law for removal of graffiti from walls and structures on both public and private property and to prevent and control the further spread of graffiti in the city. (Ord. 849 § 1, 2010)
7.30.020 Definitions.
In this chapter:
Apply means to apply, cause, or attempt to apply or cause, including participating in any way, including acting as a lookout.
Graffiti means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property. (Gov’t. Code §§ 53069.3(d) and 38772(d).) Graffiti includes tagging.
Graffiti implement means any implement used for graffiti, including, but not limited to, the following:
1. Aerosol paint container means any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be pressurized in order to propel any such substance.
2. Markers means any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which cannot be easily and completely removed with water after said substance has dried, which implement at its broadest width is greater than one-eighth inch or which leaves a mark of at least one-eighth inch.
3. Paint stick means any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark, which at its broadest width is greater than one-eighth inch or which leaves a mark of at least one-eighth inch.
4. Etcher means any tool, device and/or other mechanism including, but not limited to, glass etchers, metal etchers, cutting instruments, drill bits or any other instrument or etching cream that is capable of permanently scratching or otherwise marking any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface. Etching cream means any caustic cream, gel, liquid, or solution capable by means of a chemical action of defacing, damaging or destroying hard surfaces in a manner similar to acid. (Penal Code § 594.1(a)(2).)
Minor means a person under the age of 18. Any document evidencing the age and identity of an individual which has been issued by a federal, state or local government entity, and includes, but is not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued by a member of the armed forces may be considered bona fide evidence of majority and identity. (Penal Code § 594.1(a)(3).) (Ord. 849 § 1, 2010)
7.30.030 Declaration of nuisance.
The city council finds and declares that the existence of graffiti in the city is a public nuisance, subject to abatement under this chapter and any other applicable provisions of this code. (Ord. 849 § 1, 2010)
7.30.040 Prohibited acts.
A. Graffiti. It is unlawful for a person to apply graffiti on any surface, whether publicly or privately owned.
B. Possessing graffiti implement. It is unlawful for a minor to have in his or her possession a graffiti implement while in a public area (including, but not limited to, a park, playground, school, swimming pool, recreational facility, public right-of-way, or private property which is open to the public). Exceptions are (1) if the minor is in the presence of a parent or legal guardian, or (2) the possession is necessary to participate in a city- or school-sponsored function.
C. Providing graffiti implement to minor. It is unlawful for any person or business to:
1. Sell or give a graffiti implement to a minor who is not with a parent or legal guardian, with the knowledge that the implement may be used to apply graffiti; or
2. To store, stock or display an aerosol paint container in a way that is readily accessible to anyone other than an employee. (See PHMC § 7.30.060.) (Ord. 849 § 1, 2010)
7.30.050 Removal and abatement.
A. Removal by person applying graffiti. A person applying graffiti shall remove it within 72 hours after notice by the city or the public or private owner of the property involved. If the person applying the graffiti does not remove it, or is not known at the time, he or she is nevertheless responsible for the actual and administrative costs of abatement. (See PHMC § 1.35.050.) If the person is a minor, the parent or legal guardian is responsible. (See PHMC § 7.30.070.D.)
B. Removal by property owner. If graffiti is visible from the public right-of-way, any public property, or any private property open to the public, the owner of the property shall remove the graffiti within 10 days after notice from the city (under PHMC Chapter 1.35 or 1.40). If the property owner fails to remove the graffiti when properly notified, the city may remove the graffiti at the owner’s expense. The costs, and fines and administrative penalties if applicable, become the personal debt of the property owner and may result in a lien or special assessment on the property, under PHMC Chapter 1.40 or 7.05. (Gov’t. Code §§ 53069.4, 38772, 38773, 38773.1, 38773.2, 38773.5, 38773.6 and 38773.7.) Any actual or administrative costs of abatement recovered from the person applying graffiti or, if a minor, his/her parent or legal guardian, shall be provided to the property owner to reimburse the property owner for costs of graffiti removal upon receipt of an invoice documenting those costs.
C. Painting. The person removing graffiti by painting over it shall use a paint color which matches the underlying surface and shall cover the graffiti completely. (Ord. 849 § 1, 2010)
7.30.060 Requirements for merchants.
A. Stock and display. Each retail or commercial merchant in the city shall store, stock and display aerosol paint containers in a way that the containers are handled and readily accessible only by an employee or authorized personnel.1
B. Signs. Each retail and commercial merchant in the city who sells aerosol containers or etching cream shall conspicuously display a sign stating substantially the following:
1. Must be 18 years of age to purchase, with valid ID; and
2. A person who maliciously defaces real or personal property with graffiti is guilty of a misdemeanor, punishable by fine, imprisonment or both.
The sign must be at least 10 by 16 inches, with letter size of at least three-eighths inch, posted within six feet of the aerosol container or etching cream. (Penal Code § 594.1(c).) (Ord. 849 § 1, 2010)
7.30.070 Penalty and enforcement.
A. Penalty. A violation of this chapter is a misdemeanor, punishable as set forth in PHMC Chapter 1.30.
B. Other enforcement. The city may enforce this chapter by any means authorized in PHMC Chapter 1.25, including but not limited to administrative citation, compliance order, and public nuisance abatement.
C. Costs. The costs of graffiti removal shall be the actual or reasonably estimated costs. Administrative costs, enforcement costs, fines and penalties authorized elsewhere in this code may be added. (Gov’t. Code §§ 53069.3, 53069.4, 38772, 38773.2, 38773.6.)
D. Responsibility of parent or guardian. If the person who violates this chapter is a minor, the parent or legal guardian is the responsible party for removal or payment of abatement and related administrative costs. This may include a lien or special assessment on the property of the parent or legal guardian. (Gov’t. Code §§ 38773.2 and 38773.6; Civil Code § 1714.1.)
E. Criminal penalties. The penalties in this chapter are in addition to any judicially ordered criminal penalties including: (1) clean-up, repair or replacement of damaged property; (2) maintaining the damaged property free of graffiti for a period of time; (3) payment of fines; (4) community service; (5) counseling; and (6) suspension of drivers’ license or delay in issuing drivers’ license. (Penal Code §§ 594, 594.1, 594.2, 594.3, 594.4, 640.5 and 640.6, and Vehicle Code § 13202.6.) The city encourages the court to impose these penalties upon conviction. (Ord. 849 § 1, 2010)
7.30.080 Rewards.
Government Code section 53069.5 authorizes a city to offer and pay a reward for information leading to the identity and apprehension of a person who willfully damages property. The chief of police and city manager are authorized to offer and pay such a reward. (Ord. 849 § 1, 2010)
Editor’s note: Ord.849, Section 2, provides that PHMC 7.30.060(A) is effective December 21, 2010.