A. The City Council hereby specifically finds that graffiti on public or private property is a blighting factor which not only depreciates the value of property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire city. Graffiti also has been found to be a means of identification utilized by gangs and its presence may encourage further gang related activities.
B. Cal. Gov't Code § 53069.3 authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The Council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be.
C. It is the purpose and intent of the City Council, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total community. It is the further intent of the City Council, through the adoption of this chapter, to provide to all of those who disregard the property rights of others, that the law enforcement agencies of the city, the Police Department and the District Attorney's Office, will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public and private properties.
('61 Code, § 6.1) (Ord. 939, passed - - )
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AEROSOL PAINT CONTAINER. Any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
FELT TIP MARKER. Any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth (€") inch or greater.
GRAFFITI. Any inscription, word, figure, or design that is marked, etched, scratched, scribed, drawn, painted, pasted or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the City Council to be a public nuisance.
GRAFFITI IMPLEMENT. An aerosol paint container, felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least one-eighth (€") of an inch in width upon any surface.
('61 Code, § 6.2) (Ord. 939, passed - - )
A. Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing.
B. Display requirements. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any aerosol paint container or felt tip marker except in an area from which the public shall be securely precluded without employee assistance. Two (2) acceptable methods for displaying aerosol paint containers and felt tip markers for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of Cal. Penal Code § 594.1(c) by posting signs as described therein.
C. Storage requirements. No person or business engaged in the business of selling, providing or trading aerosol paint containers or felt tip markers shall store the same other than in either a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this section, an owner or authorized adult representative of the owner, shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owner or authorized adult representative of the owner.
D. Civil responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage, of any aerosol paint container or felt tip marker in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored aerosol paint container or felt tip marker in violation of the provisions of any of the Cal. Penal Code sections set forth in § 8.16.080.A.1.
('61 Code, § 6.6) (Ord. 939, passed - - )
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