POMONA 

GRAFFITI
ARTICLE IV. GRAFFITI ELIMINATION*

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*State law references: Graffiti abatement, Government Code 38772,
38773.2, 53069.3.

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DIVISION 1. GENERALLY

Sec. 18-121. Purpose and intent; definitions.
(a)     Purpose and intent. The city council hereby finds and determines
that the writing, spraying, scratching, etching or otherwise affixing
graffiti or other inscribed materials on publicly or privately owned real or
personal property without the consent or permission of the owner thereof is
a public nuisance and obnoxious, as well as injurious to the public health,
safety and welfare, for the following reasons:
(1)     Such markings are often placed on such structures by gangs to
indicate illicit control over certain locations or areas for purposes of
criminal activity.
(2)     Such markings directly and indirectly encourage gang warfare,
including drive-by shootings, and other acts of violence which result in
injuries and fatalities to gang members and innocent bystanders, alike.
(3)     Such markings are destructive to publicly and privately owned
property and cause depreciation in the value of such property and
depreciation in the value of adjacent and surrounding properties as well.
(4)     Such markings result in blight and deterioration of property and
business values in the community and lead to economic loss and the
destruction of property in general.
(b)     Definitions. The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Graffiti means any unauthorized inscription, word, figure, mark, or design
that is written, marked, etched, scratched, drawn, inscribed or painted on
any public or private real or personal property without the consent or
permission of the owner thereof.
Responsible adult means a parent, legal guardian or person having legal
responsibility for an unemancipated individual under the age of 18.
(Ord. No. 3953, 1(5-130), 3-18-2002)
Cross references: Definitions generally, 1-2.

Sec. 18-122. Removal.
(a)     The city manager is hereby authorized to use public funds and
facilities for the summary abatement and removal of any of the instances of
graffiti described in section 18-121 as provided for and subject to the
provisions of Government Code 53069.3.
(b)     The city may recover city funds utilized for the repair, replacement
and removal of publicly or privately owned property defaced with graffiti or
other inscribed material so long as the expenditure is made for one and/or
all of the following:
(1)     Replacement of or repair to publicly or privately owned real
property defaced by graffiti only if the graffiti or other inscribed
material cannot be removed cost effectively.
(2)     The removal of graffiti or other inscribed material itself, and only
if the graffiti or other inscribed material cannot be removed cost
effectively may the portion of the property that was defaced be repaired or
replaced.
(3)     The removal, repair or replacement performed on public property is
done only after securing consent of the public entity having jurisdiction
and, for privately owned real or personal property, only after securing the
consent of the owner or possessor.
(c)     If the owner or the person who has primary responsibility for
control of personal or private property defaced with graffiti declines to
consent to the removal, repair or replacement of such property by the city
and permits the property to remain so defaced for a period of 48 hours after
the application of the graffiti , the owner shall be deemed as maintaining
the property in such a condition as to cause a public nuisance. Under such
circumstances, the building official may proceed with the abatement of the
graffiti nuisance pursuant to sections 74-179 through 74-197.
(d)     Notwithstanding subsection (c) of this section, the maintenance of
graffiti on public or private property in such a manner as to constitute a
public nuisance is a misdemeanor or infraction. Prosecution of the violation
as a misdemeanor or infraction lies in the sole discretion of the city
attorney or district attorney of the county.
(Ord. No. 3953, 1(5-131), 3-18-2002)

Sec. 18-123. Reward leading to apprehension and conviction of vandals.
The city council may, by resolution, offer to pay a reward for information
leading to the determination of the identity and the apprehension and
conviction of persons who willfully damage or destroy property by defacing
it with graffiti or other inscribed material. When a person willfully
damages or destroys any property of the city or any property of any other
local agency or state or federal agency located within the city, such person
shall be liable for the amount of any reward paid pursuant to this article
and Government Code 53069.5. If he is an unemancipated minor, the
responsible adult for such minor shall be liable for the reward amount and
other fines and costs as provided in this article.
(Ord. No. 3953, 1(5-132), 3-18-2002)

Sec. 18-124. Advisement of article.
The city manager and/or police chief, to the extent permitted by law, are
authorized to appear before any court finding any minor or other person
guilty of the act of graffiti vandalism for the purposes of informing such
court of the provisions of this article regarding graffiti removal and
summary abatement and seeking recovery of costs incurred by the city in
removing and/or abating the graffiti caused by such minor or other person.
(Ord. No. 3953, 1(5-133), 3-18-2002)

Sec. 18-125. Preremoval preservation of sufficient evidence.
Pursuant to the authorization granted by Government Code 53069.3(c)(2),
the police department may promulgate procedures for preremoval preservation
of sufficient evidence of graffiti or other inscribed material for criminal
prosecutions or proceedings pursuant to Welfare and Institutions Code 602
pertaining to the person who inscribed or applied the graffiti or other
material. If the police department chooses to promulgate procedures, those
procedures shall be followed by the city prior to or during removal of
graffiti or other inscribed material.
(Ord. No. 3953, 1(5-134), 3-18-2002)
Secs. 18-126--18-150. Reserved.
GRAFFITI
DIVISION 2. GRAFFITI IMPLEMENTS

Sec. 18-151. Definitions.
The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Etching substance means any type of liquid or paste product used to
permanently etch glass. Ingredients of such etching liquids, etching pastes
or etching baths may include but are not limited to ammonia/sodium
bifluorides and sulfuric acid.
Graffiti implement means any writing instrument that has a porous point, tip
or nib that measures in excess of 1/16 of an inch in width at its widest
point, commonly known as markers, marking pens or sign pens, or any glass
etching tools or substances. For purposes of this division, a graffiti
implement shall not include an aerosol container of paint unless expressly
stated otherwise.
Minor means any unemancipated person who is less than 18 years of age.
Transfer means any sale, exchange, gift or loan.
(Ord. No. 3953, 1(5-135), 3-18-2002)
Cross references: Definitions generally, 1-2.

Sec. 18-152. Restrictions on transferring implements to minors.
It is unlawful and a misdemeanor for any person, other than a parent or
legal guardian, to sell, exchange, give, loan, or otherwise furnish or cause
or permit to be exchanged, given, or otherwise furnished any graffiti
implement to any minor, unless such minor first delivers to the person from
whom the item is sought a written request for such item signed by the parent
or guardian of such minor. The person making any transfer of the item shall
retain possession of the signed written request for not less than 30 days
and, during such time of retention, shall present the signed request to any
peace officer upon such officer's request.
(Ord. No. 3953, 1(5-136), 3-18-2002)

Sec. 18-153. Possession in designated public places.
It is unlawful and a misdemeanor for a minor or other person to have in his
possession any graffiti implement, including an aerosol container of paint,
on any public lands or facilities, such as a public park, parkway, median,
playground, swimming pool, recreational facility, or while in or near an
underpass, bridge abutment, storm drain, and other similar types of
infrastructure not normally used by the public, except as may be authorized
by the city. This section shall not apply to any minor who is accompanied by
a parent or guardian or during school hours in the course and scope of
supervised school activities.
(Ord. No. 3953, 1(5-137), 3-18-2002)
Cross references: Streets, sidewalks and other public places, ch. 46.

Sec. 18-154. Storage and posting requirements for commercial establishments.

It is unlawful for any commercial establishment that offers to the public
items that are defined as graffiti implements, including aerosol containers
of paint, to fail to keep, store and maintain such implements in a place
that is locked and secured or otherwise inaccessible to the public and to
fail to post, in a conspicuous location, a sign measuring not less than 12
inches by 12 inches, in substantially the following form:
IT IS UNLAWFUL FOR A MINOR TO BE SOLD SPRAY PAINT, MARKERS WIDER THAN
ONE-SIXTEENTH OF AN INCH, ETCHING TOOLS OR SUBSTANCES, WITHOUT A WRITTEN
REQUEST FROM A PARENT OR GUARDIAN. P.C.C. 18-154
(Ord. No. 3953, 1(5-138), 3-18-2002)
Secs. 18-155--18-180. Reserved.
GRAFFITI
DIVISION 3. GRAFFITI REMOVAL COST RECOVERY

Sec. 18-181. Purpose.
The purpose of this division is to provide for the recovery of abatement and
related administrative costs incurred by the city in removing graffiti from
public or private real or personal property pursuant to section 18-122.
(Ord. No. 3953, 1(5-139), 3-18-2002)

Sec. 18-182. Obligation for expense.
(a)     When the city removes graffiti pursuant to section 18-122, the
expense of abatement and related administrative costs shall be an expense of
the minor or other person creating, causing, or committing the graffiti
nuisance, and the expense of abating such nuisance shall be a lien against
the property of the minor or other person and a personal obligation against
the minor or other person.
(b)     Notwithstanding subsection (a) of this section, the responsible
adult shall be jointly and severally liable with the minor who has created,
caused, or committed a graffiti nuisance. As such, the city may recover the
costs incurred by the city in abating any nuisance resulting from the
defacement by a minor of the property of another by graffiti or any other
inscribed material by placing a lien against the property of the responsible
adult and by making the expense a personal obligation of the responsible
adult.
(c)     Notwithstanding any other provision of law, the name and address of
the responsible adult, if known, shall be reported by the probation officer
to the chief of police for the purpose of enforcement of this section.
(d)     As used in this section, the term "expense of abatement and related
administrative costs" includes, but is not limited to, court costs,
attorney's fees, costs of removal of the graffiti or other inscribed
material, costs of repair and replacement of defaced property, costs of
administering and monitoring the participation of a defendant and his
parents or guardians in a graffiti abatement program, and the law
enforcement costs incurred by the city in identifying and apprehending the
minor or other person.
(e)     For purposes of this division, the term "minor" or "other person"
means a minor or other person who has confessed to, admitted to, or pled
guilty or nolo contendere to a violation of Penal Code 594, 594.3, 640.5,
640.6, or 640.7; a minor convicted by final judgment of a violation of Penal
Code 594, 594.3, 640.5, 640.6, or 640.7; or a minor declared a ward of
the juvenile court pursuant to Welfare and Institutions Code 602 by reason
of the commission of an act prohibited by Penal Code 594, 594.3, 640.5,
640.6, or 640.7.
(Ord. No. 3953, 1(5-140), 3-18-2002)

Sec. 18-183. Summary abatement procedure.
The purpose of this section is to establish a procedure to collect abatement
and related administrative costs incurred in the summary abatement of any
nuisance resulting from the defacement by a minor or other person of the
property of another by graffiti or any other inscribed material. The
procedure shall consist of the following:
(1)     Notice shall be given to the minor or other person prior to the
recordation of a lien on the parcel of land owned by the minor or other
person. Such notice shall be served in the same manner as a summons in a
civil action pursuant to Code of Civil Procedure pt. 2, title 5, ch. 4, art.
3 (Code of Civil Procedure 415.10 et seq.).
(2)     Notice shall be given to the responsible adult prior to the
recordation of a lien on the parcel of land owned by the responsible adult.
Such notice shall be served in the same manner as a summons in a civil
action pursuant to Code of Civil Procedure pt. 2, title 5, ch. 4, art. 3
(Code of Civil Procedure 415.10 et seq.).
(3)     If the minor or other person or responsible adult, after diligent
search, cannot be found, the notice may be served by posting a copy of the
notice upon the property owned by the minor or other person or responsible
adult in a conspicuous place, for a period of ten days. The notice shall
also be published pursuant to Government Code 6062 in a newspaper of
general circulation that is published in the county in which the property is
located.
(4)     A graffiti nuisance abatement lien shall be recorded in the county
recorder's office in the county in which the parcel of land is located. From
the date of recording, the lien shall have the force, effect, and priority
of a judgment lien.
(5)     A graffiti nuisance abatement lien authorized by this section shall
specify the following:
a.     The amount of the lien;
b.     The name of the agency on whose behalf the lien is imposed;
c.     The date of the abatement order;
d.     The street address, legal description, and assessor's parcel number
of the parcel on which the lien is imposed; and
e.     The name and address of the recorded owner of the parcel.
(6)     If the lien is discharged, released, or satisfied, either through
payment or foreclosure, notice of the discharge containing the information
specified in subsection (5) of this section shall be recorded by the city. A
graffiti nuisance abatement lien and the release of the lien shall be
indexed in the grantor-grantee index.
(7)     A graffiti nuisance abatement lien may be satisfied through
foreclosure in an action brought by the city.
(8)     The city may recover from the property owner any costs incurred
regarding the processing and recording of the lien and providing notice to
the property owner as part of its foreclosure action to enforce the lien.
(9)     Costs that are subject to a lien under this section include, but are
not limited to, the following:
a.     Court costs;
b.     Attorney's fees;
c.     Costs of removal of the graffiti or other inscribed material;
d.     Costs of repair and replacement of defaced property;
e.     Costs of administering and monitoring the participation of a
defendant and his parents or guardians in a graffiti abatement program; and
f.     The law enforcement costs incurred by the city in identifying and
apprehending the minor or other person.
(Ord. No. 3953, 1(5-141), 3-18-2002)
graffiti
Sec. 18-184. Abatement of graffiti nuisance; special assessment.
The purpose of this section is to establish, as an alternative to the
procedure established in section 18-183, a procedure to collect abatement
and related administrative costs incurred in the summary abatement of any
nuisance resulting from the defacement by a minor or other person of the
property of another by graffiti or any other inscribed material by making
the abatement and related administrative costs a special assessment against
a parcel of land owned by the minor or other person or owned by the
responsible adult. The procedure shall consist of the following:
(1)     The assessment may be collected at the same time and in the same
manner as ordinary municipal taxes are collected and shall be subject to the
same penalties and the same procedure and sale in case of delinquency as
provided for ordinary municipal taxes.
(2)     All laws applicable to the levy, collection, and enforcement of
municipal taxes shall be applicable to the special assessment.
(3)     If any real property to which the abatement and related
administrative costs relate has been transferred or conveyed to a bona fide
purchaser for value or if a lien of a bona fide encumbrancer for value has
been created and attaches thereon prior to the date on which the first
installment of the taxes would become delinquent, the abatement and related
administrative costs shall not result in a lien against the real property
but shall instead be transferred to the unsecured roll for collection.
(4)     Notices or instruments relating to the abatement proceeding or
special assessment may be recorded.
(5)     Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property or a minor or
other person is responsible for a graffiti -related nuisance or crime, the
court may order that person to pay treble the costs of the abatement.
(Ord. No. 3953, 1(5-142), 3-18-2002)
Secs. 18-185--18-220. Reserved.