Sections:
9.56.010 Purpose and intent.
9.56.020 Definitions.
9.56.030 Unlawful to apply graffiti.
9.56.040 Possession of graffiti implements by minors prohibited.
9.56.050 Possession of graffiti implements prohibited in designated public places.
9.56.060 Unlocking doors, gates or other city facilities deemed unlawful.
9.56.070 Reward.
9.56.080 Reimbursement of cellular phone costs.
9.56.090 Furnishing graffiti implements to minor prohibited.
9.56.100 Display for sale requirements.
9.56.110 Storage requirements.
9.56.120 Civil responsibility for damages for wrongful display or storage.
9.56.130 Graffiti declared a public nuisance.
9.56.140 Right of city to require removal.
9.56.150 Graffiti attracting surface as a nuisance.
9.56.160 Right of city to remove.
9.56.170 Removal of graffiti as a public nuisance.
9.56.180 Ease of removal provisions.
9.56.190 Penalties and civil liability of parents.
9.56.200 Civil remedies available.
A. The city council 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. California Government Code Section 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 live.
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 the chapter, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the city will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public and private property.
(Ord. 94-04-1178 § 1 (part))
As used in this chapter, the following terms shall have the following meaning:
A. "Aerosol paint container" means any aerosol container which is adapted or made for the purpose of applying spray paint, or other substances capable of defacing property.
B. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is one-eighth (1/8th) of an inch or greater.
C. "Graffiti" means any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, stuck-on, engraved on or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent the same was not authorized in advance by the owner thereof, or despite advance authorization, is deemed by the city council to be a public nuisance.
D. "Graffiti attracting surface" means the physical surface of a building, wall, fence, or other work of improvement on or to real property which is visible to any person utilizing any public right-of-way, whether highway, street, parkway or alley, and or designated by the city manager, or designee, as likely to attract graffiti.
E. "Graffiti implement" means any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, graffiti sticks, felt-tip markers or marking pens, gum labels, spray actuators, marking instruments, glass cutters, or etching tools or other implements capable of scarring glass, metal, concrete or wood.
F. "Gum label" means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.
G. "Paint stick or graffiti stick" means any 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, of leaving a mark at least one-eighth of an inch in width.
H. "Spray actuator" means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein, also known as a spray tip, nozzle, or button.
(Ord. 94-04-1178 § 1 (part))
It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles, and signs, ("structures" hereinafter in this chapter) located on publicly or privately owned real property within the city.
(Ord. 94-04-1178 § 1 (part))
Loading...