Chapter 9.09
GRAFFITI
Sections:
9.09.030 Accessibility to Graffiti Implements
9.09.040 Graffiti as Nuisance; Graffiti Removal
9.09.050 Abatement Procedures; Notice; Administrative Review
9.09.060 Rewards and Reimbursements for Information
9.09.010 Definitions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Aerosol paint container" means any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
"Broad-tipped marker" means any type of marker or similar instrument with a flat or angled writing surface of one-fourth (1/4) inch or greater which contains ink or other pigmented liquid that is not water soluble.
"Business days" means the days Monday through Friday.
"Graffiti" means any authorized/unauthorized marking, such as initials, symbols, slogans, emblems or drawings, written, spray-painted, etched or sketched on a sidewalk, wall, fence, building, sign or any other structure or surface. "Gang graffiti" means any markings, such as initials, symbols, slogans, emblems or drawings, written, spray-painted, etched or sketched on a sidewalk, wall, fence, building, sign or any other structure or surface if such graffiti contains gang symbols, gang colors, gang paintings or any other markings having the same or similar appearance as gang graffiti, gang symbols, gang colors or paintings, as determined by the City Council, based on recommendations by the City Police Chief.
"Graffiti implement" means any aerosol paint container or broad-tipped marker.
"Minors" means any persons under the age of eighteen (18) years.
"Responsible party" means the property owner, tenant in possession, or other person responsible for the property.
"Unauthorized" means without prior written permission of the responsible party. (Ord. 1224 (part), 2014: Ord. 1122 § 2, 2010; Ord. 1021 § 1 (part), 2007)
9.09.020 Graffiti Prohibited
A. No person may apply graffiti, including gang graffiti, to any natural or manmade surface on any publicly owned property, or any privately owned property, with or without the prior written consent of the owner or responsible party. The application of graffiti, including gang graffiti, is deemed to be an act of malicious or willful misconduct.
B. No person may possess aerosol paint containers, broad-tipped markers, etching equipment, or any other graffiti implements on any public property or private property with the intent to violate or in violation of subsection A of this section.
C. No minor may possess aerosol paint containers, broad-tipped markers, etching equipment, or any other graffiti implements on any public property, structure or facility, any school property, structure or facility, or any private property without prior written permission of the lawful owner or responsible party for the property. The provisions of this section do not apply to minors possessing such implements for classes or organized extracurricular activities that require the use of such implements and the use of which implements is limited to legitimate activities. (Ord. 1224 (part), 2014: Ord. 1122 § 3, 2010; Ord. 1021 § 1 (part), 2007)
9.09.030 Accessibility to Graffiti Implements
A. Furnishing to Minors Prohibited.
1. No person may sell, give, loan, or otherwise make available any aerosol paint containers or broad-tipped markers to a minor unless that minor is accompanied by a parent or legal guardian at the time of purchase or transfer, and the purchase is for legitimate use in classes, organized extracurricular activities, or other legitimate activities.
2. No minor may furnish or use fraudulent evidence of majority at the time of purchase or transfer of any aerosol paint containers or broad-tipped markers.
B. Display and Storage. Every person who owns, operates, or manages a commercial retail establishment that sells aerosol paint containers or broad-tipped markers must store said items in an area inaccessible to the public without employee or owner assistance.
C. Signs Required. Every person who operates a commercial retail establishment that sells graffiti implements must:
1. Place a sign at or near the display of such products stating: "Graffiti is against the law. Any person who defaces property with paint, markers or any other liquid or marking device is guilty of a crime punishable by imprisonment and/or fines in excess of $1,000."
2. Place a sign in view of persons accepting customer payment for graffiti implements stating: "Selling aerosol paint containers or broad-tipped markers to a person under the age of 18 is against the law and punishable by imprisonment and/or fines in excess of $1,000." (Ord. 1224 (part), 2014: Ord. 1021 § 1 (part), 2007)
9.09.040 Graffiti as Nuisance; Graffiti Removal
A. Graffiti as Nuisance. The existence of graffiti, including gang graffiti, on public and private property in violation of this chapter is expressly declared to be a public nuisance.
B. Removal of Graffiti by Perpetrator. Any person applying graffiti, including gang graffiti, on public or private property must remove or pay for the removal of the graffiti in a manner approved by the property owner or the City Inspector within twenty-four (24) hours of notification. Failure of such person to remove or pay for removal of graffiti, including gang graffiti, constitutes an additional violation of this chapter. If graffiti, including gang graffiti, is applied by a minor, the parents or legal guardian are also responsible for removal or payment for removal of said graffiti.
C. Removal of Graffiti by City. The City is authorized, but not required, to use public funds for graffiti abatement on public or private property. The City is not required to paint, remove, or repair an area more extensive than that covered by graffiti, unless the owner has made prior arrangements with the City and agreed to pay the costs for more extensive painting, removal, or repair.
D. Removal of Graffiti by Responsible Party. No owner of a building or structure within the City shall permit graffiti, including gang graffiti, on said building or structure or fail to eradicate graffiti, including gang graffiti, from the building or structure within fifteen (15) business days of a notice to abate. (Ord. 1224 (part), 2014: Ord. 1122 §§ 4, 5, 6, 2010; Ord. 1021 § 1 (part), 2007)
9.09.050 Abatement Procedures; Notice; Administrative Review
A. Permission for Entry.
1. Permission from Owner. If the owner or responsible party signs a permission form, the City may enter the property to abate graffiti.
2. No Permission from Owner. If the property owner or responsible party refuses to abate the graffiti or refuses to sign a permission form or cannot be located and the City, at its sole discretion, deems it appropriate to abate graffiti on the property, the City will issue a notice of graffiti abatement. The notice may be served in person, by certified mail, by posting on the subject property, or publishing in a City newspaper of general circulation for three (3) consecutive weeks. The City may charge the owner for the actual cost of abatement and place a lien against the subject property in order to collect said charges.
B. The notice of graffiti abatement will contain the following information:
1. Identify the property and describe the nature of the graffiti.
2. A statement declaring that the property is a public nuisance.
3. A statement declaring that abatement may commence within three (3) business days from the date of the notice.
4. A statement declaring that the owner may be held responsible for the cost of abatement and a lien may be placed against the subject property for the collection of the City costs for abatement.
C. Designation of Enforcement Authority and Hearing Officers.
1. The City Police Department, City Fire Department, the City Inspector and City Attorney are authorized to issue notices of graffiti abatement for violations of this code within City jurisdiction.
2. The City shall appoint a Hearing Officer in the event of administrative review.
D. Administrative Review.
1. Request for Review. An owner or responsible party may object to the notice of graffiti abatement by filing a written request for review with the Hearing Officer no later than three (3) business days after receiving the notice of graffiti abatement.
2. Review Process. Upon timely receipt of the request for review, the Hearing Officer will notify the enforcement authority to defer enforcement action until the review is final. The owner or responsible party must promptly supply the Hearing Officer with any additional information necessary to determine whether or not the property constitutes a nuisance. When the review is final, the Hearing Officer will notify the owner or responsible party and the enforcement authority of his findings within five (5) business days. The owner or responsible party will be notified by certified mail.
3. Determinations of the Hearing Officer. The determination by the Hearing Officer is final. If the Hearing Officer determines that the property contains graffiti and is a public nuisance, and if the appeal process has been completed, the Hearing Officer will issue a written eradication order stating that the City may enter upon the property within twenty-four (24) hours and abate the graffiti. (Ord. 1224 (part), 2014: Ord. 1021 § 1 (part), 2007)
9.09.060 Rewards and Reimbursements for Information
A. The City may offer a reward in an amount to be established by the City Council for information leading to the identification and charging of any person who violates any provision of this chapter. The violator shall reimburse the City for any reward paid. If multiple persons contribute information, the reward will be divided in a manner the City deems appropriate.
B. Claims for rewards must be submitted to the City Manager or his designee.
C. No reward claim is allowed unless the City has investigated and verified the accuracy of the claim and determines the requirements of this section have been met. (Ord. 1224 (part), 2014: Ord. 1129 (part), 2010; Ord. 1021 § 1 (part), 2007)
9.09.080 Violation
Any person who violates this chapter shall be guilty of a Class 1 misdemeanor. (Ord. 1224 (part), 2014: Ord. 1021 § 1 (part), 2007)