The city council has found that graffiti is obnoxious and a blight on the community causing reduced property values, inviting further vandalism and crime, loss of neighborhood pride and loss of business to neighboring commercial enterprises. This chapter is intended to be complementary to, and not in conflict with, Penal Code Sections 594 and 594.1.
(Ord. 1162 § 1, 1991; Ord. 1196 § 2, 1993)
For purposes of this chapter, the following definitions shall apply:
"Felt tip marker"
means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing an ink that is not water soluble.
"Graffiti"
means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface of public or private buildings, structures or places.
"Graffiti implement"
means an aerosol paint container, a felt tip marker, or a paint stick or etching tool capable of scarring glass, metal, concrete or wood.
"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, leaving a mark at least one-eighth inch in width, visible from a distance of twenty feet, and not water soluble.
(Ord. 1196 § 3, 1993)
In addition to the crimes defined by Penal Code Sections 594 and 594.1:
(a) 
It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, permanent structures, or places located on public or privately owned property within the city.
(b) 
It is unlawful for any person to have in his or her possession for the purpose of defacing property, any graffiti implement while in any public park, schoolground, playground, swimming pool, public recreational facility, any public right-of-way, or other public grounds in the city. It shall be presumed that the graffiti implement was possessed for the purpose of defacing property whenever the person possesses such implement after dusk and before dawn, or whenever the person is in a public facility when the facility is closed.
(c) 
It is unlawful for any person to have in his or her possession, for the purpose of defacing property, any graffiti implement while on private property not open to the public without the owner's or agent's permission. It shall be presumed that the graffiti implement was possessed for the purpose of defacing property whenever the person is on property closed to the public, without permission from the owner or lawful agent.
(d) 
In addition to any other crime, it shall also be unlawful for any person who applied graffiti not to remove the same within twenty-four hours of its application. It shall be a misdemeanor for each and every day that the graffiti remains unremoved. Parents shall be responsible for the costs of removal when the graffiti has been applied by his and/or her minor child. Should community service be ordered, the parents and child should both be involved in the project.
(Ord. 1162 § 1, 1991; Ord. 1196 § 4, 1993)
Subject to the provisions of this chapter, the director of public works is authorized to use city funds to remove graffiti from publicly and privately owned structures located on public or privately owned property within the city, in accordance with Government Code Section 53069.3 or any successor statute.
(Ord. 1162 § 1, 1991)
Prior to causing the removal of the graffiti, the director of public works shall make a finding that the graffiti or other inscribed material is obnoxious and comes within the intent and purpose of this chapter and in his or her order of abatement shall state his or her reasons therefor.
(Ord. 1162 § 1, 1991)
In the case of a privately owned structure, the consent of the owner shall first be obtained. In the case of a publicly owned structure, the consent of the public entity having jurisdiction shall first be obtained.
(Ord. 1162 § 1, 1991)
Only the removal of the graffiti itself is hereby authorized. The painting or repair of any more extensive area is not authorized.
(Ord. 1162 § 1, 1991)
The city council does hereby find that graffiti is a public nuisance and authorizes abatement by the procedures set forth in Chapter 8.04 of this code, in addition to any other remedies available.
(Ord. 1162 § 1, 1991)
The city council may provide a reward, by resolution, for information leading to the identification, apprehension and conviction of any person who applies graffiti within this city.
(Ord. 1162 § 1, 1991)
(a) 
The city does hereby adopt the summary nuisance abatement procedures of Government Code Section 38772. The expense of the abatement shall be a lien or a special assessment against the property of any minor or other person creating, causing, or committing the nuisance.
(b) 
Provided the responsible person for graffiti nuisance is determined through a plea of guilty, nolo contendere, admission, confession or through a nuisance abatement hearing conducted pursuant to Chapter 8.04 of this code, the expenses of abatement may be made a lien or a special assessment using the procedures set forth hereinafter.
(c) 
The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor and liens for the expense of the nuisance abatement may be placed on their property and a personal obligation pursuant to Government Code Sections 38773.2 and 38773.6.
(d) 
Pursuant to Government Code Section 38772(c), the names and addresses of parents or guardians shall be reported by the probation officer to the city clerk or chief of police when such damage occurs in the city.
(e) 
As provided in Government Code Section 38772(d), the expenses of abatement shall include, but not be limited to, court costs, attorney's fees, costs of removal, costs of repair and replacement of damaged property, and costs incurred by the city in identifying and apprehending the minor or other person.
(Ord. 1486 § 1, 2013)
(a) 
The procedures for collecting abatement and other related administrative costs by a graffiti nuisance abatement lien shall include prior notice to the minor or his or her parent or guardian or other person who owns property that will be subject to the recordation of the lien.
(b) 
The notice shall be served in the same manner as a civil action and as provided in Government Code Section 38773.2(b). The notice shall provide detail of the costs of the abatement and shall be served at least ten days before the city council meeting where the costs shall be confirmed by resolution.
(c) 
A graffiti nuisance abatement lien shall be recorded in the county recorder's office and shall have the force, effect, and priority of a judgment lien. Such liens may be enforced through foreclosure.
(d) 
Abatement and related administrative costs shall include court costs, attorney's fees, costs of removal or replacement of damaged property, costs of repair, and law enforcement costs incurred in identifying and apprehending the minor or other person.
(Ord. 1486 § 2, 2013)
As an alternative to the remedy specified in Section 8.06.100, the costs of abatement of graffiti may be collected as a special assessment on the property tax rolls. Notice and confirmation of the charges shall be provided as described in Section 8.06.100. The assessment shall be collected at the same time as regular municipal taxes are collected and shall be subject to the same penalties.
(Ord. 1486 § 3, 2013)
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that the owner of property or minor or other person is responsible for a condition that may be abated, the court may order that person to pay treble the costs of the abatement.
(Ord. 1486 § 4, 2013)