Sec. 8-40. - Declaration of policy.
Sec. 8-42. - Violations graffiti.
Sec. 8-43. - Violations sale of pressurized container or marker.
Sec. 8-44. - Restriction on pressurized containers and markers.
Sec. 8-45. - Purchase of pressurized containers.
Sec. 8-46. - Possession by minors.
Sec. 8-49. - Criminal enforcement.
Sec. 8-50. - Civil enforcement
Sec. 8-51. - Administrative fee.
Sec. 8-52. - Supplemental to state law.
Sec. 8-40. - Declaration of policy.
The board of supervisors finds that graffiti is detrimental to property values, degrades the community, causes an increase in crime and fosters the growth of gangs, is inconsistent with the county's property maintenance goals and aesthetic standards, is obnoxious, is a nuisance and, unless quickly removed from public and private property, graffiti results in other properties becoming the target of graffiti.
(Ord. No. 530, § 1, 5-10-94)
[As used in this article, all words shall have their usual meaning except that the following words or terms as used in this chapter shall be defined as follows:]
Graffiti means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or other facility, or on any personal property, regardless of the material of that structural component or personal property.
Marker means any marker, pen or similar marking or writing implement containing ink, paint, dye, chalk, wax or similar solution or substance and having a flat, pointed or angled writing surface tip one-quarter inch or more in width or in diameter.
Pressurized container means any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance which is expelled under pressure, through the use of aerosol devices, pumps or similar propulsion devices.
Responsible adult means a parent, guardian or person having legal responsibility for a minor.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-42. - Violations graffiti.
It shall be unlawful for any person:
(1)
To apply graffiti upon any surface, either publicly or privately owned, without the permission of the owner, lessee or person in legal possession; or
(2)
To have graffiti on property which can be seen from the public right of way; or
(3)
To have graffiti on property which can be seen from the private property upon which a complaint has been made; or
(4)
To have graffiti on property which causes a depreciation of property values or is detrimental to neighborhoods.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-43. - Violations sale of pressurized container or marker.
It shall be unlawful for any person to sell, offer to sell, cause to be sold, or otherwise offer to any person under the age of 18 years any pressurized container or marker.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-44. - Restriction on pressurized containers and markers.
(a)
All persons offering for sale pressurized containers shall restrict access to them from the public by placing them behind a counter, cabinet or other storage facility so that access to them can not be gained without assistance from an authorized employee, agent or other authorized representative of said person.
(b)
All persons offering markers for sale shall keep such markers in a location where they can be in constant view of the employee, agent or other authorized representative of the person selling the markers.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-45. - Purchase of pressurized containers.
It shall be unlawful for any person under the age of 18 years to purchase any pressurized container or any marker.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-46. - Possession by minors.
It shall be unlawful for any person under the age of 18 years who is in a public place or on private property, without the consent of the owner, lessee, or other person entitled to legal possession thereof, and who is not accompanied by a responsible adult, to possess a pressurized container or to possess a marker.
(Ord. No. 530, § 1, 5-10-94)
The existence of graffiti is hereby declared to be obnoxious and a nuisance.
(Ord. No. 530, § 1, 5-10-94)
The county may pay a reward, as established by board resolution, to any person who provides information which leads to the arrest and conviction of any person who applies graffiti to a surface of real or personal property.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-49. - Criminal enforcement.
(a)
The violation of any section of this article is hereby declared to be a misdemeanor.
(b)
Community service in the County of Kings may be imposed in lieu of any penalties and punishments where there has been a conviction, a guilty plea or nolo contendere plea to a misdemeanor under this article.
(c)
If a minor is personally unable to pay any fine or restitution levied for violating this article, the parent or legal guardian shall be liable for the payment of the fine or restitution.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-50. - Civil enforcement
(a)
The owner of real or personal property shall remove graffiti from his or her property within ten calendar days after notification to remove it.
(b)
The procedures set forth in Articles III and IV of Chapter 14 of this Code may be followed for the civil abatement of graffiti.
(c)
Enforcement by way of criminal prosecution is an additional and alternate remedy to other abatement and enforcement procedures provided by this article or by state law.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-51. - Administrative fee.
A ten percent administrative fee will be added to the costs incurred by the county as a part of any abatement.
(Ord. No. 530, § 1, 5-10-94)
Sec. 8-52. - Supplemental to state law.
This article is intended to be and should be interpreted as authorized by, and complimentary and supplemental to, and not in conflict with, state or federal statutory provisions on the same or similar subject matter specifically, but not necessarily limited to, Government Code Sections 25845, 25845.5, 26528, 27297, 53069.3, 53069.5 and 53069.6, and Penal Code Sections 594 and 594.1.
(Ord. No. 530, § 1, 5-10-94)