Chapter 7-08
GRAFFITI*
Sections:
7-08.030 Graffiti prohibition.
7-08.040 Possession of graffiti implements prohibited in designated public places.
7-08.050 Possession of graffiti implements by minors prohibited.
7-08.080 Violation, penalties, and civil liability of parents.
* Prior code history: Prior code §§ 13-05.005-13-05.060.
7-08.010 Purpose.
The purpose of this chapter is to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on both public and private buildings, structures, or places causes blight within the City which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and 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. The City Council further finds that the application of graffiti or other inscribed material, as defined herein, is willful misconduct which damages or destroys property. Government Code Section 53069.3 permits the use of City funds to remove graffiti or other inscribed material from public or privately owned real or personal property located within the City. (Ord. 07-2 § 2 (part), 2007)
7-08.020 Definitions.
As used in this chapter, the following terms shall have meanings as set forth below.
“Adhesive stickers” means any sheet of paper, fabric, plastic, or other material with an adhesive or gummed backing, which when applied or affixed to any surface either creates a permanent contact or is not easily removable without the use of solvents.
“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, dye, or other substances capable of defacing property.
“Etching tool” means any sharp or pointed instrument, which is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including but not limited to picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream, or acid etching solution.
“Felt tip marker” means any indelible marker, writing instrument, or similar implement with a tip which at its broadest width is greater than one-eighth inch, containing ink or any other substance that is not water soluble.
“Graffiti” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, or affixed on any surface of public or private real or personal property, including but not limited to buildings, walls, signs, structures, places, or other surfaces regardless of the nature of the material of which the structure is composed. The definition of graffiti also includes the unauthorized application of adhesive stickers to any public or private real or personal property.
“Graffiti implement” means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, including but not limited to aerosol paint containers, felt tip markers, etching tools, paint sticks or graffiti sticks, adhesive stickers, spray actuators, marking pens, drill bits, grinding stones, or any other implement that is capable of marking, scarring, or otherwise damaging or defacing glass, plastic, wood, metal, stucco, or concrete.
“Paint stick or graffiti stick” means any instrument or device containing a solid form of paint, chalk, dye, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and, upon application, leaves a visible mark on the surface at least one-eighth of an inch in width and is not water soluble.
“Spray actuator” (also known as a spray tip, nozzle, or button) means an object or device which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. (Ord. 07-2 § 2 (part), 2007)
7-08.030 Graffiti prohibition.
It is unlawful for any person to write, mark, etch, scratch, draw, paint, label, paste, affix, or otherwise apply graffiti on public or privately owned buildings, walls, signs, structures, places, or other surfaces located on public or privately owned property within the city. (Ord. 07-2 § 2 (part), 2007)
7-08.040 Possession of graffiti implements prohibited in designated public places.
It is unlawful for any person to have in his or her possession any graffiti implement while in any city park, city playground, city recreational facility, or while on a public sidewalk, street, alleyway, or in the public right-of-way, or while in or upon an underpass, bridge abutment, storm drain, or other similar type of infrastructure within the City. This section shall not apply to employees of the city or any individual, agency, or company under contract with the City or any employee or contractor of another governmental entity while in the performance of official duties of that governmental entity in the City where the possession of such implements is authorized by the City or other governmental entity. (Ord. 07-2 § 2 (part), 2007)
7-08.050 Possession of graffiti implements by minors prohibited.
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 upon public or private property without the express consent of the owner of such property whose consent to such possession and presence is given in advance.
B. This section shall not apply to a person who is under the age of eighteen (18) years who is accompanied by a parent or legal guardian, or who is attending and traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that has, as a written requirement of the class, a requirement for use of any graffiti implement. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess such graffiti implement. (Ord. 07-2 § 2 (part), 2007)
7-08.060 Removal of graffiti.
Graffiti may be removed by any of the following methods:
A. Any person applying graffiti within the city shall have the duty to remove same within twenty-four (24) hours after notice by the City or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by anyone under the age of eighteen (18) years, the parent(s) or legal guardian(s) shall be responsible for such removal or for the payment therefor.
B. Whenever the Director of Public Services (“Director”) or his or her designated representative determines that graffiti is on public or privately owned structures located on public or privately owned real property within this City so as to be capable of being viewed by a person utilizing any public right-of-way in this City, the Director, or his or her designated representative, is authorized to provide for the removal of the graffiti solely at the City’s expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:
1. In removing the graffiti, the painting or repair of an area more extensive than where the graffiti is located shall not be authorized, except where the structure or property is City-owned and the Director or his or her designee determines that a more extensive area is to be repainted or repaired, or where the private property owner, or other public entity owner, agrees to pay for the costs of repainting or repairing a more extensive area.
2. Where a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure and release of the City from liability.
3. Where a structure is privately owned, the removal of graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the written consent of the owner and release of the City from liability.
C. At City’s option or if a private property owner’s consent cannot be obtained, graffiti which is on privately owned structures located on privately owned real property within the City and which can be viewed by a person utilizing any public right-of-way in the City may be removed by the City at the owner’s expense as a public nuisance pursuant to the following provisions:
1. The Director or his or her designated representative shall cause written notice to be served upon the owner of the affected premises, as such owner’s name and address appears on the last equalized assessment roll, by depositing the notice in the U.S. Postal Service enclosed in a sealed envelope with first-class postage thereon fully prepaid. The mailed notice shall be certified and addressed to the owner as stated above, and if there is no known address, then in care of the property address. Service shall be complete at the time of deposit in the U.S. Postal Service. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The owner shall have five days after the date of the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property.
2. The notice shall be on city letterhead in substantially the following form:
NOTICE OF INTENT TO
REMOVE GRAFFITI
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as, Laguna Hills, California, which is visible to public view, within five (5) days after the date of this notice. The graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order City employees or private City contractors will enter upon your property and abate the public nuisance by the removal or painting over of the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objections to, or interest in said matters are hereby notified to submit any objections to the Director of Parks and Recreation or his/her designated representative within five (5) days from the date of this notice.
At the conclusion of this five (5) day period the City may proceed with the abatement of the graffiti on your property at your expense without further notice.
3. Service of the notice by the Director or his or her designated representative shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the City Clerk.
4. If any objections are submitted to the Director within five days after the date appearing on the notice of intent to remove graffiti, the Director shall schedule a hearing on the matter, which shall follow the procedures set forth in Article 2 of Chapter 7-04 of this title.
5. If no objections are submitted as set forth in subsection (C)(4) of this section, and if the owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as the Director or his or her designated representative approves, then the Director or his or her designated representative shall cause the graffiti to be abated by City forces or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purpose.
6. Should the Director be required to abate the graffiti as set forth in subsection (C)(5) of this section, he or she shall thereafter follow the procedures set forth in Article 2 of Chapter 7-04 of this title regarding recovery of the costs of abatement, through assessment of the costs against the property as a lien.
(Ord. 07-2 § 2 (part), 2007)
7-08.070 Reward.
The City Council may, by resolution, establish a reward for information leading to the identification, apprehension, or conviction of any person who places graffiti upon any public or private property in the City. In the event of damage to public property, said resolution may require that the convicted offender reimburse the City for any reward paid, and may place responsibility for reimbursement of such reward upon the parent(s) or legal guardian(s) of any unemancipated minor so convicted. (Ord. 07-2 § 2 (part), 2007)
7-08.080 Violation, penalties, and civil liability of parents.
A. Criminal Penalties. Any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a one thousand dollar ($1,000.00) fine, or by such fine and imprisonment, and by the performance of community service to the maximum extent permitted by California Penal Code Section 594 and/or any other applicable provision of law.
B. Additional Penalties Available. It is the City’s intent to petition a sentencing court to impose any and all appropriate additional penalties authorized under state law upon conviction, including but not limited to court-ordered litter and graffiti cleanup, community service, parental participation in community service, and suspension or delay of issuance of driver’s license.
C. Civil Liability of Parents. In addition to pursuing criminal charges for violations of this chapter, the City Attorney may file civil complaints against the parents or legal guardians of minors who deface public property and seek recovery for the property damage, cost of graffiti removal, police investigative costs, as well as the City Attorney’s fees and costs, up to twenty-five thousand dollars ($25,000.00) for each tort of the minor. Pursuant to Civil Code Section 1714.1, any act of willful misconduct of a minor which results in the defacement of property of another with paint or a similar substance is imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and Attorney’s fees, and the parent or guardian having custody and control is jointly and severally liable with the minor for any damages resulting from the willful misconduct of the minor, not to exceed twenty-five thousand dollars ($25,000.00) for each tort of the minor.
D. Alternate Actions. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.
(Ord. 07-2 § 2 (part), 2007)