(A) Intent and purpose. The Council of the City of Madera finds and determines as follows.
(1) Graffiti on public or private, real or personal property reduces the value of such property, promoting blight and deterioration of surrounding property, resulting in loss of pride in affected neighborhoods, loss of business to neighboring commercial enterprises, and loss of enjoyment of life for persons using adjacent and surrounding properties.
(2) Graffiti that remains on property for a 48 hour period is a public nuisance and its prolonged presence on property promotes additional graffiti and crime in the area marked with graffiti.
(3) The presence of graffiti is inconsistent with the city’s goals of maintaining property, preventing crime, and preserving aesthetic standards.
(1) CITY ADMINISTRATOR. The City Administrator of the City of Madera, or his or her authorized representative.
(2) EXPENSE OF ABATEMENT. Includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a responsible person and his or her parent(s)/guardian(s) in a graffiti abatement program, and the law enforcement costs incurred by the city in identifying and apprehending the responsible person(s) or otherwise the cause of contributing or aiding and abetting in the placement of graffiti or other inscribed material.
(3) GRAFFITI or INSCRIBED MATERIAL. Includes but is not limited to any form of unauthorized inscription, word(s), figure(s), mark(s), design(s), or other defacement, whether written, marked, etched, scratched, gouged, drawn, painted or otherwise affixed, attached, or placed by means of a sticker or decal on any real or personal, public or private property.
(4) IMPLEMENT. An aerosol paint container, a felt tip marker, a paint stick, an aerosol paint activator tip, a masonry drill bit, a glass drill bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, or any other substance or implement that can be used to make permanent scratches on any surface.
(5) MINOR. Any person under 18 years of age who has confessed to, admitted to, or pled guilty or nolo contendre to a violation of Cal. Penal Code §§ 594, 594.3, 640.5, 640.6 or 640.7, or a minor convicted by final judgment of a violation of Cal. Penal Code §§ 594, 594.3, 640.5, 640.6, or 640.7, or a minor declared a ward of the Juvenile Court pursuant to Cal. Welfare and Institutions Code § 602 by reason of the commission of an act prohibited by Cal. Penal Code §§ 594, 594.3, 640.5, 640.6, or 640.7.
(6) RESPONSIBLE PERSON. Any person violating this chapter or any person who has confessed to, admitted to or pled nolo contendre to a violation of Cal. Penal Code §§ 594, 594.3, 640.5, 640.6 or 640.7, or a person convicted by final judgment of a violation of Cal. Penal Code §§ 594, 594.3, 640.5 or 640.7, or a minor declared a ward of the Juvenile Court pursuant to Cal. Welfare and Institutions Code § 602 by reason of the commission of an act prohibited by Cal. Penal Code §§ 594, 594.3, 640.5, 640.6 or 640.7.
(7) UNAUTHORIZED. Either without the prior consent of the property owner or in violation of any law or regulation.
(Ord. 891 C.S., passed 11-2-11)