Chapter 6.50
GRAFFITI
Sections:
6.50.030 Graffiti declared a public nuisance.
6.50.050 Assisting in or encouraging violations.
6.50.060 Display of aerosol spray paint containers and marking pens.
6.50.080 Removal of graffiti and recovery of expense.
6.50.100 Punishment provisions.
6.50.010 Purpose.
A. The purpose of this legislation is to provide authority for the removal of graffiti from public and private property within the city and to establish regulations designed to prevent and control the spread of graffiti in the city.
B. The city council finds and determines that the increase of graffiti on both public and private buildings, structures and in other places, creates a condition of blight within the city which can result in the deterioration of property values, business opportunities and enjoyment of life for persons using adjacent and surrounding properties.
C. The council further finds and determines that graffiti is inconsistent with the city’s property maintenance goals, crime prevention programs, and aesthetic standards, and, unless graffiti is quickly removed from public and private properties, other properties soon become the targets of graffiti. (Ord. 580 (part), 1998).
6.50.020 Definitions.
For the purpose of these regulations, the following words shall have the meanings respectively ascribed to them by this section:
“Graffiti” means any inscription, word, figure or design that is marked, etched, scratched, drawn, sprayed, painted, pasted or otherwise affixed to, or on, any surface to the extent that same was unauthorized by the owner thereof, or, despite authorization, is otherwise deemed by the city council to be a public nuisance.
“Graffiti implement” means a pressurized container, ink marker or a paint stick.
“Ink marker” means any broad-tipped marking pen with a tip of one-quarter inch or greater in width.
“Marking substance” means any substance or implement, other than aerosol paint containers, wide tip markers or paint sticks, that could be used to draw, spray, paint, etch or mark.
“Paint stick” means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface and upon application leaving a mark upon property of at least one-quarter inch or greater in width.
“Pressurized container” means any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion devices.
“Property” means real or personal property, whether publicly or privately owned, within the city.
“Responsible party” means any person who is the owner of property, or who has primary responsibility for control over property, or who has primary responsibility for the repair and maintenance of property. (Ord. 580 (part), 1998).
6.50.030 Graffiti declared a public nuisance.
The city council declares that graffiti is a public nuisance and is subject to punishment and abatement as prescribed in this code. (Ord. 580 (part), 1998).
6.50.040 Graffiti prohibited.
A. It is unlawful for any person to apply graffiti upon any property within the city, when such graffiti is visible from the street or other public or private property.
B. It is unlawful for any person owning or otherwise being in control of any property within the city to maintain, permit or allow any graffiti to remain upon such property when the graffiti is visible from the street or other public or private property. (Ord. 580 (part), 1998).
6.50.050 Assisting in or encouraging violations.
It is unlawful for any person to assist, aid, abet or encourage another to violate the provisions of this chapter by words or overt act. (Ord. 580 (part), 1998).
6.50.060 Display of aerosol spray paint containers and marking pens.
Every retailer selling or offering for sale in this city aerosol containers of paint capable of defacing property shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating: “Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both.” (Amended during 2-99 supplement; Ord. 580 (part), 1998).
6.50.070 Sale, furnishing, possession or purchase of aerosol paint containers and marking pens—Persons under the age of eighteen years.
A. It is unlawful for any person, firm or corporation to sell, give away or in any way furnish to another person, who is under the age of eighteen years, any aerosol container of paint without first obtaining bona fide evidence of age and identity.
B. It is unlawful for any person under the age of eighteen years to purchase an aerosol container of paint that is capable of defacing property.
C. It is unlawful for any person under the age of eighteen years to possess an aerosol paint container or any marking pen with a tip exceeding three-eighths of an inch in width, liquid shoe polish, a glass cutter, or any other marking substance for the purpose of defacing property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in an automobile, vehicle or other conveyance.
D. It is unlawful for any person under the age of eighteen years to possess an aerosol paint container, a marking pen with a tip exceeding three-eighths inch in width, liquid shoe polish, a glass cutter, or any other marking substance on the private property of another that is open to the public without the express consent of the owner of such property, or on private property that is not open to the public for the purpose of defacing such property. (Ord. 580 (part), 1998).
6.50.080 Removal of graffiti and recovery of expense.
Abatement of graffiti nuisance and recovery of expense of abatement proceedings commenced against a responsible party shall be according to the following procedure:
A. A ten-day notice shall be sent to the property owner via certified mail advising the property owner of the violation and directing the property owner to abate the nuisance within ten calendar days from the date the notice was mailed. The notice shall contain an advisement to the property owner that within the ten-day period the property owner may request a hearing conducted by the city manager or his or her designee, for the purpose of showing cause why the public nuisance should not be abated.
B. If a hearing has not been requested by the responsible party, and the graffiti has not been abated, the city may enter upon the property and cause such nuisance to be removed in the manner determined most appropriate by the city.
C. If a hearing has been conducted, the city manager, or his or her designee, within forty-eight hours of the completion of the hearing, will render a decision regarding the disposition of the abatement order.
D. If it is the decision of the city manager, or his or her designee, that the public nuisance should be abated, the property owner will be given five calendar days to complete the abatement, or ten days from the date of notice, whichever is more.
E. If the property owner fails to abate the nuisance within the five-day time period, the city may enter upon the property and cause such nuisance to be removed in the manner determined most appropriate by the city.
F. Upon removal of the public nuisance by the city, the city may provide an accounting of the expense of abatement along with a demand for payment to the responsible party.
G. 1. If payment is not made within thirty days from the date of the accounting and demand for payment, the payment shall be deemed delinquent and shall constitute a lien pursuant to Government Code Sections 38773 and 38773.1 against the property of the responsible party. Prior to recording a notice of lien, the city shall provide notice pursuant to Government Code Section 38773.1. Any such lien not paid by June 30th of each year shall, upon adoption of a resolution by the city council, be collected along with, and in the same manner as, the general property taxes.
2. The liened property shall be subject to the penalties, procedure, and sale in case of delinquency as provided in the Civil Code of California.
H. As an alternative to a lien and pursuant to Government Code Section 38773.5, the expense of abatement may constitute a special assessment against a parcel of land owned by the responsible party and collected pursuant to Government Code Section 38773.5. (Ord. 580 (part), 1998).
6.50.090 Reward program.
The city council authorizes the city manager to administer a reward program for the identity and conviction of persons in violation of this chapter in amounts not to exceed one hundred dollars per occurrence. (Ord. 580 (part), 1998).
6.50.100 Punishment provisions.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail, not to exceed six months, or by both such fine and imprisonment. (Ord. 580 (part), 1998).