9.12.065 Graffiti – Possession of spray paint by a minor.
No person under the age of eighteen years of age shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public facility, highway, street, alley or way, or on the private property of another without consent of the property owner, except authorized employees of government agencies. (Ord. 647-90 § 1)
right-of-way is declared to be a public nuisance and may be abated as provided in subsections B and C
9.12.070 Graffiti – Removal by City.
Whenever the city manager or his/her designated representative determines that graffiti or other inscribed material is obnoxious by virtue of its character and its location on public or privately owned property so as to be a public nuisance, the city manager or his/her designated representative is authorized to use city or other funds to provide for the removal of the graffiti without reimbursement from the property owner upon whose property the graffiti is located. Prior to the removal of such graffiti, the city or its contractor shall obtain the written consent of the property owner prior to the entry to remove graffiti, and the owner shall execute an appropriate release and right of entry form to permit such graffiti removal. The removal, painting or repair, by the city, or its contractor, shall not be more extensive than necessary to provide for the obscuring of the graffiti. (Ord. 683-91 1: prior code 14-153)
9.12.75 Removal of graffiti
A. Graffiti as a Public Nuisance. The council finds that the maintenance of graffiti on any private or public property so as to be visible by a person utilizing any public right-of-way, whether highway, street, parkway or alley, creates a condition tending to reduce the value of property, to promote blight and deterioration, to promote crime and criminal action, and to be injurious to the public health, safety and general welfare. Therefore the presence of graffiti on private or public right-of-way is declared to be a public nuisance.
The council finds that the presence of graffiti on public and private property encourages and invites vandals to apply additional graffiti to the same property or neighboring properties and that is necessary for the city to implement a procedure that allows it to quickly abate this condition in order to prevent the rapid spread of graffiti to other properties. Therefore, the presence of graffiti on private property visible by a person utilizing any public right-of-way is declared to be a public nuisance and may be abated as provided in subsections B and C of this section.
B. Notice of Abatement – Requirement to Remove. When graffiti is present on private property such as to constitute a public nuisance, and the property owner has not previously executed a release as provided for in Section 9.12.070, the city shall notify the owner of the property on which the nuisance is located, as recorded on the most recent equalized assessment roll, by registered mail and by posting of the notice on the property that a public nuisance exists. The notice shall cause to have the owner of the property to abate the nuisance within seventy-two hours of the time of the notice. Abatement shall be to completely remove the graffiti by washing, sandblasting or chemical treatment, or completely and uniformly covering or otherwise obscuring the graffiti with paint or other approved materials such as to blend with the surrounding property.
C. Failure to Abate – City Action – Payment of Cost. In the event the owner of the property fails to provide for the abatement of the nuisance within the seventy-two hour period, the city, or its contractor, may enter upon the property and remove or eliminate the nuisance. If the city, or its contractor, is required to abate the nuisance, except as provided for in Section 9.12.070, the city shall prepare a statement of the actual cost of the abatement, plus reasonable administrative fees. A statement of such cost shall be approved by the city council at a meeting at which the property owner shall be given an opportunity to show cause why the costs should not be charged to the owner. If the council approves the costs, the owner shall be notified of the council action and shall be provided thirty days in which to make payment to the city. Failure to make payment within the stated time period shall result in the cost being placed as a lien on the property. (Ord. 683-91 2)
9.12.080 Graffiti - Reward
A. A reward in an amount not to exceed 500 hundred dollars is authorized, offered an may be paid by the city to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who willfully or maliciously paints, mars or defaces any private or public property within the city.
B. The exact amount of the reward shall be determined by the city council after receipt of a report from the city administrator indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who willfully or maliciously painted, marred or defaced any private or public property within the city, and indicating the final disposition of such matter. No law enforcement officer or officer or employee of the city shall be eligible for such reward.
C. Any person apprehended violating the provisions of Sections 9.12.050 through 9.12.100 of this chapter shall pay to the city the amount of any reward paid pursuant to this section, and if such person is an unemancipated minor, such minor’s parents or guardian are so liable and shall pay such amount to the city. Failure to pay any amount demanded by the city pursuant to this section within thirty days of written demand therefor shall be a violation of the provisions of this section. (Prior code 14-154)
9.12.090 Graffiti – Sale of spray paint to minors
No person shall sell or cause to be sold to any person under the age of eighteen years any aerosol or pressurized can containing any paint or dye or other liquid substance capable of defacing property unless such minor is accompanied by the minor’s parent or guardian (Prior code 14-155)
9.12.100 Graffiti Violations
No person shall violate any provision or fail to comply with any of the requirements of Sections 9.12.050 through 9.12.090 of this chapter. Any person violating any of the mandatory provisions or requirements of said Section 9.12.050 through 9.12.090 is guilty of an infraction and each and every action or day in which compliance is not made where required shall be considered a separate violation. Any person who has been twice convicted of violating any provision or requirement of Sections 9.12.050 through 9.12.090 of this chapter. Any person violating any of the mandatory provisions or requirements of said Sections 9.12.050 through 9.12.090 is guilty of an infraction and each and every action or day in which compliance is not made where required shall be considered a separate violation. Any person who has been twice convicted of violating any provision or requirement of sections 9.12.050 through 9.12.090 is, upon each subsequent violation, guilty of a misdemeanor and subject to the provisions of Chapter 1.08 of this code. In addition to any charge of an infraction or misdemeanor set forth in this section, a person guilty under this section may be required to make restitution by washing, painting or repairing the defaced property, or otherwise make proper restitution, including in accordance with Section 9.12.080. (Ord. 683-91 3: prior code 14-156)
No person shall place, deposit, throw or dump or cause to be placed, deposited, thrown or dumped any garbage, swill, cans, bottles, papers, ashes, dirt, sand, rocks, cement, glass, metal, carcasses of dead animals, offal, refuse, plant cuttings, trash or rubbish of any nature whatsoever, or any nauseous, offensive matter, in or upon any public or private road, highway, street, alley or public way, or any public or private property of any kind whatsoever. (Prior code 14-21)
9.12.120 Diverting substances to ditches and gutters.
It is unlawful for any person to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain or flood-control channel.