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. (Prior code § 11-91)

The following words and phrases shall have the meanings ascribed to them, unless otherwise noted:

"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.

"Felt tip marker or marking pen" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth of an inch, containing ink or other pigmented liquid which is not water soluble.

"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, including, but not limited to, any of the following: aerosol paint container, felt-tip marker, paint stick or graffiti stick, or graffiti implement, 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.

"Graffiti implement" means an aerosol paint container, a felt-tip marker, gum label, paint stick or graffiti stick, etching tool including, but not limited to, etching creams and substances, or any other device capable of scarring or leaving a visible mark on glass, metal, concrete or wood or any other surface.

"Marking substance" means any substance or implement, other than aerosol paint containers and felt tip markers, that could be used to draw, spray, paint, etch or mark.

"Paint stick" or "graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application, of leaving a mark at least one-eighth of an inch in width.

"Pressurized container" means 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.

"Responsible adult" means a parent, guardian or person having legal responsibility for a minor.

"Spray actuator" (also known as a "spray tip," "nozzle" or "button") means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. (Ord. 5331 (part), 2002: prior code § 11-92)

It is 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. (Prior code § 11-93)

It is 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 eighteen years. (Prior code § 11-94)

It is unlawful to sell or provide to any person under the age of eighteen years a marker with a marking tip one-quarter inch or more at its diameter. (Prior code § 11-95)

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 such 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 in constant view of the employee, agent or other authorized representative of the person selling the markers. (Prior code § 11-96)

No person under the age of eighteen years shall purchase any pressurized container which contains paint, dye, ink or a similar substance. (Prior code § 11-97)

It is unlawful for any individual under the age of eighteen 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. (Prior code § 11-98)

A. Whenever graffiti exists upon the property owned by another public agency, or a private property owner, the city may remove it with the consent of the public entity or private property owner owning such property.

B. Private property owners shall remove graffiti from their property within ten calendar days after notification to the property owners by the city to remove such graffiti. Failure to remove the graffiti within the time allowed is a violation of this code and will cause the building or property to be declared substandard as referenced in the 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 assessment role or in other records maintained by public agencies, by depositing a copy of the notice in the United States mail, certified with postage fully affixed, or personally delivering 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 & 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 the notice has been sent, the city may, at its option, abate the graffiti as a nuisance. (Ord. 5331 (part), 2002: prior code § 11-99)

The existence of graffiti is declared to be obnoxious and a nuisance. (Prior code § 11-100)

The city may pay to any person who provides 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. (Prior code § 11-101)

A. The violation of any section of this chapter may be filed as either an infraction or a misdemeanor at the discretion of the city attorney.

B. Community service in the city 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 chapter, the parent or legal guardian shall be liable for the payment of the fine or restitution for any intentional acts of the minor. (Prior code § 11-102)

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. (Prior code § 11-103)

A ten percent administrative fee will be added as a part of any abatement. (Prior code § 11-104)