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(A) It shall be unlawful for any person to possess any adhesive sticker, etching tool, indelible marker, paint stick, or graffiti stick while in or upon any public facility, park, playground, swimming pool, beach, recreational facility, or other public building owned or operated by the city where signs forbidding such possession without valid authorization are displayed in a reasonable location or locations.
(B) It shall be unlawful for any minor to possess any graffiti implement while in or upon school property, grounds, facilities, buildings, or structures. The provisions of this subdivision shall not apply to the possession of indelible markers by a minor attending a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of indelible markers.
(`64 Code, Sec. 19-4.7) (Ord. No. 2330, 2708, 2827, 3031)
It shall be unlawful for any person, other than a responsible person, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be sold, exchanged, given, loaned, or otherwise furnished, any etching tool, indelible marker, paint stick, graffiti stick, or spray actuator to a minor unless such minor is accompanied by a responsible adult.
(`64 Code, Sec. 19-4.8) (Ord. No. 2330, 2708, 2827)
(A) Every retail establishment selling or offering for sale etching tools, indelible markers, paint sticks, graffiti sticks, or spray actuators shall post at the location of retail sale a sign in letters at least three-eighths of an inch high and clearly visible and legible to employees and customers stating:
"It is unlawful for any person to sell or give any etching tool, indelible marker, paint stick, graffiti stick, or spray actuator to a minor who is not accompanied by a responsible adult."
(B) Every retail establishment selling or offering for sale etching tools, indelible markers, paint sticks, graffiti sticks, or spray actuators capable of defacing property shall post in a conspicuous space a sign in letters at least three-eighths of an inch high stating:
"Any person who defaces real or personal property with an etching tool, indelible marker, paint stick, graffiti stick, or spray actuator is guilty of vandalism which is punishable by a fine, imprisonment, or both."
(`64 Code, Sec. 19-4.9) (Ord. No. 2330, 2708, 2827)
(A) Every person who owns, conducts, operates, or manages a retail establishment selling or offering for sale any graffiti implement shall keep, store, and maintain such graffiti implements in a place that is locked and secure or otherwise made unavailable to the public except upon request.
(B) This section shall not apply to the selling or offering for sale of adhesive stickers.
(`64 Code, Sec. 19-4.10) (Ord. No. 2330, 2708, 2827)
(A) The city council hereby authorizes the city manager to pay a reward to any person who provides information leading to the identity and the apprehension of any person who willfully or maliciously places graffiti on any public or private property within the city. The maximum reward amount available shall be established by resolution of the city council.
(B) The exact amount of the reward to be paid shall be determined by the police of chief, or designee, after receipt of a report from a police officer confirming the role of the recommended reward recipient. No law enforcement officer, municipal officer or employee of the city shall be eligible to receive such reward.
(`64 Code, Sec. 19-4.11) (Ord. No. 2330, 2708)
(A) For purposes of this section, the following words and phrases shall have the following meanings:
(1) 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, and the law enforcement costs incurred in identifying and apprehending the person responsible for placing graffiti or other inscribed material on property of another.
(2) MINOR - A person less than 18 years of age who falls into one of the following categories:
(a) Has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7;
(b) Has been convicted by final judgment of a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7; or
(c) Has been declared a ward of the Juvenile Court pursuant to Cal. Welfare and Institutions Code, Section 602 by reason of the commission of an act prohibited by Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7.
(3) PERSON OTHER THAN A MINOR - A person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7.
(B) When the city abates graffiti or other inscribed material placed on public or private property by a minor, the city manager or designee may impose a lien for the expense of abatement against the property of the minor or against the property of the parent or guardian having custody and control of said minor, and the expense of abatement shall be a personal obligation against the minor or against the parent or guardian having custody and control of the minor.
(C) When the city abates graffiti or other inscribed material placed on public or private property by a person other than a minor, the city manager or designee may impose a lien for the expense of abatement against the property of said person, and the expense of abatement shall be a personal obligation against the person.
(D) If the city manager or designee imposes a lien for the expense of abatement as set forth in subdivisions (B) or (C) of this section, the city manager or designee shall provide notice to the person who owns the property upon which the lien is being imposed prior to the recordation of the lien. The city manager or designee shall serve the notice in the same manner as a summons in a civil action pursuant to Cal. Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 3 (commencing with Section 415.10).
(E) If the person who owns the property upon which the lien is being imposed cannot be located after diligent search, the city manager or designee may serve the notice by posting a copy of the notice upon the property in a conspicuous place for a period of ten days. The city manager or designee shall also publish the notice pursuant to Cal. Code of Civil Procedure, Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.
(F) All liens imposed pursuant to subdivisions (B) or (C) of this section shall be recorded in the county recorder's office in the county in which the parcel of land is located and shall contain the following information:
(1) The amount of the lien;
(2) The name and agency on whose behalf the lien is imposed;
(3) The date of the abatement order;
(4) The street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and
(5) The name and address of the recorded owner of the parcel.
(G) If a lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (F) of this section shall be recorded by the city. A lien and the release of a lien shall be indexed in the grantor-grantee index.
(H) Any lien imposed pursuant to subdivisions (B) or (C) of this section may be satisfied through foreclosure in an action brought by the city.
(Ord. No. 2708, 2827)
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