(A) General: Any person applying graffiti to any private or public property within the city shall have the duty to remove same in a manner approved by the city and the property owner within a time specified by the city or its designated representative. Failure of any person to so remove graffiti as directed shall constitute an additional violation of this chapter. Consistent with Civil Code section 1714.1, where graffiti is applied by a minor, the parent or guardian thereof shall be jointly and severally liable with the minor for any damages resulting therefrom. The application of graffiti to any private or public property within the city shall be punished as set forth in Penal Code section 594 or 640.6.
(B) Public Property: Whenever the city manager or his designated representative determines that graffiti exists upon property owned by the city, the city shall take all reasonable and timely steps to remove same. When the property is owned by another public entity in the city, the removal of the graffiti may be authorized by the city or its designated representative, and removal undertaken by the city only after securing written consent of the public entity having jurisdiction over the property and such entity executes a release and waiver approved as to form by the city attorney.
(C) Private Property: Where the property is privately owned, the removal of the graffiti or other inscribed material may be authorized by the city manager or his designated representative only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the city attorney.
(D) Restitution: Any individual who is found guilty of violating this section shall pay restitution to the property owner, in addition to any other authorized penalty imposed. If the violator is a minor, the parent or guardian shall be jointly responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his/her payment under the direction of at least one parent, with the consent of the property owner, by painting out or other removal of such graffiti. (Ord. 617, 7-5-1994)