ORDINANCE NO. 4934 

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE ADDING CERTAIN PROVISIONS TO THE GLENDALE MUNICIPAL CODE (1964) RELATING TO GRAFFITI 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE: 

SECTION 1 Section 11-91 is hereby added to the Glendale Municipal Code (1964) to read as follows: 

SEC. 11-91 DECLARATION OF POLICY 

Section 53069.3 of the Government Code authorizes the City to provide for the removal of graffiti, and the City Council finds that graffiti is detrimental to property values; degrades the community; causes an increase in crime; is inconsistent with the City’s property maintenance goals and aesthetic standards; is obnoxious; is a nuisance; and, unless it is quickly removed from public and private property, results in other properties becoming the target of graffiti. 

SECTION 2.  Section 11-92 is hereby added to the Glendale Municipal Code (1964) to read as follows: 

SEC. 11-92. DEFINITIONS: 

(a)    “Graffiti” means the act of altering or defacing any real or personal property of another without their consent through the use of paint, spray paint, markers, objects or other substances capable of destroying property; or is the act of altering or defacing any real or personal property through the use of paint, spray paint, markers, objects or other substances capable of destroying property, which is offensive to a reasonably sensitive person.

(b)   “Responsible adult” is a parent, guardian or person having legal responsibility for a minor .

(c)    “Pressurized container” shall mean 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, either through the use of aerosol devices, pumps or similar propulsion devices. 

SECTION 3 Section 11-93 is hereby added to the Glendale Municipal Code, (1964) to read as follows: 

SEC. 11-93  It shall be unlawful for any person: 

(a)    To apply graffiti upon any surface, either publicly or privately owned, without the permission of the owner, lessee or person in legal possession; or

(b)   To have graffiti on property which can be seen from the public right of way; or

(c)    To have graffiti on property which can be seen from private property upon which a complaint has been made; or

(d)   To have graffiti on property which causes a depreciation of property values or is detrimental to neighborhoods. 

SECTION 4.  Section 11-94 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

11-94.    Sale of aerosol paint. 

It shall be unlawful for any person to sell, offer to sell, cause to be sold, or otherwise offer any aerosol or pressurized container of paint, dye, ink or similar substance to any person under the age of 18 years. 

SECTION 5.  Section 11-95 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-95.  Sale of markers.  It shall be unlawful to sell or provide to any person under the age of 18 years a marker with a marking tip one-quarter inch or more at its diameter. 

SECTION 6.  Section 11-96 is hereby added to the Glendale Municipal Code, 1964; to read as follows: 

SEC. 11-96 Restriction of aerosol paint and markers.  All persons offering for sale pressurized containers shall restrict access to those items from the public by placing them behind a locked counter, cabinet or other storage facility so that access to them can not be gained without their being unlocked by an authorized employee, agent or other authorized representative of said person.  All persons offering for sale markers with a marking tip of one-quarter inch shall keep such markers in a location where they can be constant view of the employee, agent or other authorized representative of the person selling the markers. 

SECTION 7.  Section 11-97 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-97.  Purchase of pressurized container.  No person under the age of 18 years of age shall purchase any pressurized container which contains paint, dye, ink, or a similar substance. 

SECTION 8.  Section 11-98 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

Section 11-98. Possession by minors.  It is unlawful for any individual under the age of 18 years, who is in a public place or 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 an aerosol or pressurized container of paint, dye, ink or similar substance; or to possess a marker with a marking tip of one-quarter inch or more in diameter. 

SECTION 9.  Section 11-99 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-99.  Removal of Graffiti. 

(a)    Whenever graffiti exists upon the property owned by another public agency, or a private property owner, the City of Glendale may remove it with the consent of the public entity or private property owner owning said property.

(b)   Private property owners shall remove graffiti from their property within twenty (20) calendar days after notification to the property owners by the City to remove such graffiti.  Failure to remove the graffiti within the time allowed will cause the building or property to be declared substandard as referenced in Building & Safety Code of the City of Glendale, Volume V, Chapter 10.

(c)    Notice to private property owners by the City shall be addressed to the name and address as it appears on the last tax ______________________________________

By depositing a copy of the notice to the owner of the property.  The service is complete at the time of deposit in the mail or when personal service is effectuated.  The failure of any person to receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.  Abatement procedures shall be conducted in accordance with the Building and Safety Code of the City of Glendale, Volume V, Chapters 11, et seq.  

(d)   In the event that the owner fails to remove the graffiti after notice has been sent, the City, may at its option, abate the graffiti as a nuisance. 

SEC. 11-100.  Nuisance 

The existence of graffiti is hereby declared to be obnoxious and a nuisance. 

SECTION 11.  Section 11-101 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-101 The City may pay to any person who provided information which leads to the arrest and conviction of any person who applies any drawing, inscription, figure or mark, commonly known as graffiti to a surface of real or personal property, a reward as established by Council resolution. 

SECTION 12.  Section 11-102 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-102.  Criminal action.  

(a)    The violation of any section to this Ordinance may be filed as either an infraction or a misdemeanor at the discretion of the City Attorney.

(b)   Community service in the city of Glendale may be imposed in lieu of any penalties and punishments where there has been a conviction or guilty or nolo contendere plea to a misdemeanor.

(c)    If a minor is personally unable to pay any fine or restitution levied for violating this ordinance, the parent or legal guardian shall be liable for the payment of the fine or restitution for any intentional acts of the minor. 

SECTION 13.  Section 11-103 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-103. Non-liability. 

Prior to the entry onto private property by City personnel or authorized contractor for the purpose of graffiti removal, a specified and assigned written consent form shall be obtained from the private property owner or designated agent for such authorization of entry and release of liability. 

SECTION 14.  Section 11-104 is hereby added to the Glendale Municipal Code, 1964, to read as follows: 

SEC. 11-105.  Constitutionality.  If any section, sub-section, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article.  The Council hereby declares that it would have adopted the ordinance an each section, sub-section, sentence, clause or phrase.