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For the purpose of this chapter the following words and phrases shall have the meaning given in this chapter:
"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 or other substance capable of defacing property.
"Felt-tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth inch, containing an ink that is not water-soluble.
"Graffiti" means the act of altering or defacing any public or private property, without consent of the property owner, with any unauthorized inscription of a word, figure, or design that is marked, etched, scratched, drawn, or painted, on any surface, regardless of the nature of the material of that structural component.
"Graffiti implement" means any device, tool, utensil, or instrument, which has the ability to mark, etch, scratch, draw, or apply paint, such as an aerosol paint container, a felt-tip marker, paint stick, or etching tool capable of scarring glass, metal, concrete, or wood.
"Paint stick" or "graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width and not water soluble.
(Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.001)
It is unlawful for any person, firm, corporation, or retail commercial establishment doing business in the city, who owns, sells, conducts, operates, or manages such activity, to display in a manner viewable to the public any aerosol spray containers, or felt-tip marker tips, pens, or blades, without securing same in such a manner as to prevent the removal of any such graffiti implement without employee assistance.
(Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.003)
In approving tentative or parcel maps, conditional use permits, plot plans, public use permits, or other similar land use entitlements, the city may impose any or all of the following requirements to prevent and/or facilitate the removal of graffiti:
A. Use of Anti-Graffiti Material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the director of planning and development, to each of any publicly-viewable surfaces on the improvements to be constructed, on sites deemed to be likely to attract graffiti by the director of Development Services.
B. Approved Color/Palette for Graffiti Attractive Surfaces. Developer shall use an approved color palette for paint and/or anti-graffiti material on surfaces which have been designated "graffiti attractive" by the director of planning and development. The palette shall include a range of five color choices approved by the director of Development Services.
C. Availability of Anti-Graffiti Material and Paint to City by Developer. Prior to the issuance of a building permit, developer shall provide to the city the name of the manufacturer and supplier of the antigraffiti material referenced in subsection A of this section, and the color palette and manufacturer code number of the paint(s) utilized to cover all exterior surfaces of approved structures and walls. If the developer fails to abate a graffiti condition, either voluntarily or after requested to do so by the city, the city shall purchase the necessary anti-graffiti material and/or paint for the purpose of graffiti removal. All costs of removal shall be assessed in accordance with Sections 8.12.130 through 8.12.150 of this chapter.
(Ord. 557 § 3, 2020; Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.005)
Any gas, electric, telephone, water, sewer, cable, telephone or other utility operation in the city shall paint its above-surface metal fixtures with a uniform paint type and color which meets with the approval of the city engineer and director of planning and development.
(Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.007)
Graffiti on public or private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties, and in so doing has a negative impact on the entire city. Section 53069.3 of the Government Code 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 it and other inscribed materials are removed from public and private property, they tend to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to be.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.010)
Whenever the city manager or his/her designee determines that graffiti or other inscribed material is so located on public or privately owned, permanent structures on public or privately-owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way in the city, the city manager or his/her designee is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:
A. In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.
B. Where a structure is owned by a public entity other than the city, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executed a release and waiver approved as to form by the city attorney.
C. Where a structure is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the city attorney.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.020)
In the event that the owner does not give the consent described in Section 8.12.060 of this chapter, and fails to execute the release and waiver described in that section, or in the event the owner cannot be located after a reasonable period of time, the following alternate procedure shall be used by the city, as set forth in the remaining sections of this chapter.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.030)
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