8.10.010 - Purpose of chapter.

The purpose of this chapter is to prevent graffiti and provide an immediate and practical method, to be cumulative with and in addition to other provisions of the code as well as those remedies available at law, of removing graffiti from permanent structures located on public and privately owned real property.

(Prior code § 16-1.01)

8.10.020 - Graffiti defined.

"Graffiti" means and includes, but is not limited to, the writing, defacing, marring, inscribing, scratching, painting or affixing of other markings on buildings or structures including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, curbs, curbstones, street lamp posts, hydrants, trees, electric light or power or telephone or telegraph or trolly wire poles, fire alarms, drinking fountains, parking meters, or garbage receptacles.

(Prior code § 16-1.02)

8.10.030 - Graffiti prohibited.

No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on any permanent structure located on such property when the graffiti is visible from the street or other public or private property.

(Prior code § 16-1.03)

8.10.040 - Sale of pressurized paint cans to minors and possession of pressurized paint cans by minors prohibited.

A.

It is unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, exchange, give, loan or in any way furnish to any person under the age of eighteen (18) years, any pressurized paint can six ounces or less (net weight of contents) that is capable of defacing property with permanent, indelible, or waterproof ink, paint or other liquid.

B.

It is unlawful for any person under the age of eighteen (18) years to have in his or her possession any pressurized paint can six ounces or less (net weight of contents) that is capable of defacing property with permanent, indelible or waterproof ink, paint or other liquid while: (1) upon public property, unless the minor is using the pressurized paint can under the supervision of a parent, teacher or legal guardian; or (2) upon private property without the consent of the owner of such private property.

(Prior code § 16-1.04)

8.10.050 - Sale of permanent markers to minors and possession of permanent markers by minors without supervision or authorization prohibited.

A.

It is unlawful for any person, firm or corporation, except a parent or legal guardian, to sell, exchange, give, loan or in any way furnish to any person under the age of eighteen (18) years any marker with a marking tip one-half inch or more at its largest dimension that is capable of defacing property with permanent, indelible, or waterproof ink, paint or other liquid.

B.

It is unlawful for any person under the age of eighteen (18) years to have in his or her possession any permanent marker with a marking tip one-half inch or more at its largest dimension that is capable of defacing property with permanent, indelible, or waterproof ink, paint, or other liquid while (1) upon public property, unless the minor is using the marker under the supervision of a parent, teacher, or legal guardian; or (2) upon private property without the consent of the owner of such private property.

(Prior code § 16-1.05)

8.10.060 - Signs required.

Any person engaged in the retail sale of aerosol containers of paint and other liquid substances or markers capable of defacing property must display at the location of retail sale city approved signage clearly visible and legible to employees and customers.

(Prior code § 16-1.06)

8.10.070 - Display of permanent markers and pressurized paint cans.

Every person who owns, conducts, operates or manages a retail commercial establishment selling pressurized paint cans of any size or weight, or any marker with a marking tip one-half inch or more at its largest dimension that is capable of defacing property with permanent, indelible or waterproof ink, paint or other liquid, shall store or cause such pressurized paint cans or markers to be stored in an area continuously observable by employees of said retail commercial establishment during the regular course of business.

In the event a retail commercial establishment is unable to store such pressurized paint cans or markers in an area as provided in this chapter, as an alternative such pressurized paint cans or markers shall be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending the lawful sale or disposition of such markers or aerosol containers.

(Prior code § 16-1.07)

8.10.080 - Abatement procedures.

The Housing Division Official or his or her designee and the Housing and Residential Rent and Relocation Board of the Office of Community Development may institute procedures for abatement of blighted property. The procedures set forth in Chapter 3 of the Oakland Housing Code and the provisions of Chapter 1.28 of this code shall apply to any such abatement. Costs for any abatement performed by, or on behalf of, the city shall be recovered by the city pursuant to the provisions of Chapter 3 of the Oakland Housing Code.

(Amended during 11/97 supplement; prior code § 16-2.01)

8.10.090 - Violation—Penalty.

Violation of this chapter shall constitute an infraction.

(Prior code § 16-2.02)