The purpose of this legislation is to provide programs for removal of graffiti from public and private property within the city, and to establish regulations designed to prevent and control the spread of graffiti in the city.

The city council finds and determines that the increase of graffiti on both public and private buildings, structures, and in other places, creates a condition of blight within the city which can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The city council further finds and determines that graffiti is consistent with the city’s property standards, and, unless graffiti is quickly removed from public and private properties, other properties soon become the targets of graffiti. (Ord. 947 (part), 1994)

The city council declares that graffiti is a public nuisance, and is subject to punishment and abatement as prescribed in this chapter and Chapter 1.28. (Ord. 1059 § 1, 2007: Ord. 947 (part), 1994)

As used in this chapter:

A. “Aerosol paint container” means any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property.

B. “City” means city of Calexico.

C. “Defacement” means the intentional altering of the physical shape or physical appearance of property.

D. “Felt-tip marker” or “marking pen” means any indelible marker or similar implement with a tip, which, at its broadest width, three-eighths of an inch or greater, contains an ink or similar substance.

E. “Graffiti” means any inscription, word, figure or design marked, etched, scratched, drawn or painted on any surface, without the written permission of the owner (or owner’s representative) of such surface, regardless of the material of which the surface is composed, through the use of an aerosol or pressurized container of paint, indelible chalk, ink, dye, or other liquid substance, or through the use of any graffiti implement, capable of defacing property.

F. “Graffiti implement” means aerosol paint containers, paint sticks, and felt-tip markers.

G. “Minor” means a person under eighteen years of age.

H. “Owner’s representative” means any person or entity expressly authorized by a property owner to permit others to place inscriptions, words, figures or designs upon the owner’s property or any person or entity in lawful possession of any property, whose right of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property.

I. “Paint stick/graffiti stick” means a device containing a solid form of paint, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and which upon application leaves a mark.

J. “Responsible person” means any person who owns, controls, or possesses property or who has primary responsibility for the repair or maintenance of property.

K. “Spray actuator” (also known as “spray tip,” “nozzle” or “button”) means an object which is capable of being attached to aerosol paint containers for the purpose of spraying the substance contained therein. (Ord. 1059 § 2, 2007; Ord. 947 (part), 1994)

To the extent not otherwise provided for by state law, it is unlawful for any person to have in his or her possession any graffiti implement with the intent to use such for applying graffiti while in any public park, playground, swimming pool, recreation center, ball field and any public facility or building. (Ord. 1059 § 4, 2007: Ord. 947 (part), 1994)

A. To the extent not otherwise provided for by state law, it is unlawful for any minor to possess any graffiti implement for the purpose of defacing property:

1. While upon public property; or

2. While upon private property without the written consent of the owner of such property or if at the minor’s home, without the knowledge and consent of the minor’s parent(s) or legal guardian. Such consent must be given in advance and must authorize the minor’s possession of a graffiti implement.

This section shall not apply while the minor is attending, or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use three-eighths of an inch or greater felt-tip markers.

B. This section is not intended to conflict with California Penal Code Section 594.1. (Ord. 1059 § 5, 2007: Ord. 947 (part), 1994)

No person, firm or entity engaged in a commercial enterprise (“seller”) shall display for sale, trade, or exchange, any graffiti implement except in an area under the control of seller’s employee(s). The acceptable method for displaying a graffiti implement for sale is in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times, except during access by authorized representatives, remain securely locked. (Ord. 947 (part), 1994)

Any person engaged in the retail sale of aerosol pressurized containers of paint shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating: “It is unlawful for any person to sell, exchange, give or loan any aerosol or pressurized container of paint to any minor person under the age of eighteen years.” This is in addition to the requirements of Penal Code Section 594.1. (Ord. 947 (part), 1994)

Whenever the city determines that graffiti exists on any surface in the city which is visible from the street or other public or private property, the city shall cause a notice to be issued to abate such nuisance. The property owner shall have thirty days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city in accordance with the procedures specified in Chapter 1.28 of this code. Removal of the graffiti is authorized only of the graffiti itself and not the painting or repair of a more extensive area. (Ord. 1059 § 8, 2007: Ord. 947 (part), 1994)

A. Pursuant to Section 53069.5 of the Government Code, the city does offer a reward of two hundred fifty dollars for information leading to the arrest and conviction of any person in violation of Penal Code Section 594 by the use of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in a manner it shall deem appropriate. For the purposes of the section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

B. Claims for reward under this section shall be filed with the city. Each claim shall:

1. Specifically identify the date, location, and kind of property damaged or destroyed.

2. Identify by name the person who was convicted or confessed to the damage, or destruction of the property.

3. Identify the court and the date upon which the conviction occurred, or the place and the date of the confession.

4. The city shall make every attempt to keep the identity of the informant anonymous. All documents or records identifying the information shall be kept confidential.

C. No claim for a reward shall be allowed by the city council unless the city investigates and verifies accuracy of the claim and recommends that it be allowed.

D. The person committing the graffiti, or if an unemancipated minor, then the custodial parent of said minor, shall be liable for the reward paid pursuant to this section.

E. Although no law enforcement officer, municipal officer, official or employee of the city shall be eligible for such a reward, the person committing the graffiti, or if an unemancipated minor, then the custodial parent of said minor, shall still be liable for the reward paid pursuant to this section. Said monies will go into an account designated for graffiti removal and prevention program.

F. This offer of reward shall remain open until revocation of the offer by official action of the city council of the city. (Ord. 947 (part), 1994)

A. Violation of, or failure to comply with, any provision of this chapter is a misdemeanor; provided, however, any such violation or failure constituting a misdemeanor may, in the discretion of the prosecuting attorney, be charged and prosecuted as an infraction.

B. Punishment upon conviction of a misdemeanor of infraction shall be as set forth in Chapter 1.24 of this code.

C. Every person convicted of a violation of, or failure to comply with, this chapter shall be liable for any and all costs incurred by, or in connection with, the removal of the graffiti, or the repair of any property containing graffiti, reward, and for all attorney’s fees and court costs incurred in connection with the civil prosecution or any claim for damages.

D. The city will pursue recovery of civil damages from parents to the extent allowed by law for the acts of their minor children. (Ord. 1059 § 11, 2007: Ord. 947 (part), 1994)

A graffiti removal and prevention program shall be developed in an attempt to reduce the amount of graffiti occurrence in the city and to assist property owners in the removal of graffiti.

A. The city will assist in the coordination of volunteer labor, e.g., CYA, state prison work teams, etc., to remove graffiti.

B. The city will assist in establishing a “bank” of paint supplies consisting of donations contributed by various service clubs and other community groups. These supplies will be available to property owners on a “first come, first served basis.” Property owners may sign up for these supplies by contacting the city. The city does not guarantee that there will always be supplies available.

C. The city may furnish property owners or applicable labor groups supplies (paint, paint brushes, etc.) which may be used to remove graffiti.

D. The city does not authorize nor will it undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located.

E. All fines collected by the city pursuant to this chapter will be applied toward graffiti abatement or rewards described in Section 9.33.150. (Ord. 947 (part), 1994)

A. The abatement and related administrative costs incurred in the summary abatement of any nuisance as set forth in Chapter 1.28 resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material shall be a lien against the property of the minor or other person if the identity of the violator is known.

B. The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor. The city council may make the abatement and related administrative costs referred to in subsection A of this section, a lien against the property of a parent or guardian, having custody and control of the minor and a personal obligation of that parent or guardian.

C. Before recordation of a lien on the parcel of land owned by the minor or some other person, or the parent or guardian having custody and control of the minor, notice shall be provided to the minor or some other person, or the parent or guardian having custody and control of the minor. The notice shall set a date and time for a cost confirmation hearing by the city council. Such hearing shall be at least fourteen after service of the notice. The notice shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the minor or other person, 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, in a conspicuous place, for a period of ten days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of ten days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.

D. Once the city council has held the cost confirmation hearing and confirmed the costs, the graffiti nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located. The cost confirmation hearing shall be held with or without the presence of the affected minor or property-owner. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.

E. The lien shall specify the amount of the lien; that it is imposed on behalf of the city; the date of the abatement order; the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.

F. If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection E of this section shall be recorded by the city.

G. A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city.

H. 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.

I. As used in this section, the following terms have the following meanings:

1. “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, and the law enforcement costs incurred by the city, county, or city and county in identifying and apprehending the minor or other person.

2. “Graffiti or other inscribed material” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.

3. “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 Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code. (Ord. 1059 § 12, 2007)

A. The provisions in this section are an alternative to the procedure in Section 9.33.190.

B. The abatement and related administrative costs of abating graffiti or the nuisance referred to in Section 9.33.190(A) shall be a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor after the cost confirmation hearing as specified in Section 9.33.190 has been completed. 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. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment.

C. Notwithstanding subsection B of this section, 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, then 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.

D. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.

E. The terms “abatement and related administrative costs,” “graffiti or other inscribed material,” “minor,” and “other person” have the same meaning as specified in Section 9.33.190. (Ord. 1059 § 13, 2007)

A. In lieu of, or as a part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this chapter), or in lieu of prosecuting a violation of this chapter as a crime against an adult, the police chief with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief deems appropriate, but which community service shall, if offered at all, contain the following minimum elements:

1. The minor or adult shall perform at least thirty hours of community service.

2. At least one of the custodial parents, or if none, guardians, shall be in attendance at least fifty percent of the period of assigned community service.

3. The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police.

4. Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the extent that the offense giving rise to the offer of community service constitutes a violation of this chapter, reasonable effort shall be made by the chief of police to assign the minor to community service which constitutes in significant part the removal of graffiti. (Ord. 1059 § 14, 2007)