ARTICLE 23 GRAFFITI REMOVAL
Sec. 1300. Title.
Sec. 1301. Purpose and Intent.
Sec. 1302. Definitions.
Sec. 1303. Prohibition.
Sec. 1304. Graffiti Abatement Procedures.
Sec. 1305. Notice of Graffiti Abatement Action.
Sec. 1306. Graffiti Abatement Action; Hearing.
Sec. 1307. Stay of Proceedings During Criminal Prosecution.
Sec. 1308. Limitation of Liability.
Sec. 1309. Severability.
SEC. 1300. TITLE.
This Article shall be known as the "Graffiti Removal and Abatement Ordinance." (Added by Ord. 29-94, App. 1/14/94)
SEC. 1301. PURPOSE AND INTENT.
The Board of Supervisors hereby finds and declares that:
(a) Graffiti is detrimental to the health, safety and welfare of the community in that it promotes a perception in the community that the laws protecting public and private property can be disregarded with impunity. This perception fosters a sense of disrespect of the law that results in an increase in crime; degrades the community and leads to urban blight; is detrimental to property values, business opportunities and the enjoyment of life; is inconsistent with the City's property maintenance goals and aesthetic standards; and results in additional graffiti and in other properties becoming the target of graffiti unless it is quickly removed from public and private property.
(b) Graffiti results in visual pollution and is hereby deemed a public nuisance. Graffiti must be abated as quickly as possible to avoid detrimental impacts on the City and County and its residents, and to prevent the further spread of graffiti.
(c) It is the purpose of this Article to provide a program for the removal of graffiti from walls, pavement, structures and other improvements on both public and private property. (Added by Ord. 29-94, App. 1/14/94)
SEC. 1302. DEFINITIONS.
(a) City and County. "City and County" means the City and County of San Francisco.
(b) Director. "Director" means the Director of the Department of Public Works or his designate.
(c) Graffiti. "Graffiti" means any inscription, word, figure, marking or design that is marked, etched, scratched, drawn or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property or the owner's authorized agent, and which is visible from the public right-of-way.
(d) Owner. "Owner" shall mean the owner of record of the property as set forth in the records of the Tax Assessor, or the owner's authorized agent. (Added by Ord. 29-94, App. 1/14/94)
SEC. 1303. PROHIBITION.
It shall be unlawful for the owner of any real property within the City and County bearing graffiti to allow the graffiti to remain. (Added by Ord. 29-94, App. 1/14/94)
SEC. 1304. GRAFFITI ABATEMENT PROCEDURES.
(a) Once every 12 months, the Director may remove any graffiti he or she determines to be in violation of Section 1303 of this Article upon receiving written consent and a waiver of liability from the owner of the property in accordance with paragraph (c) of this Section. The Director may prepare and distribute forms for this purpose.
(b) If the Director is otherwise unable to obtain consent from the property owner, the Director shall provide notice to the property owner of the Director's determination that the property contains graffiti in violation of Section 1303. The notice shall also state that the owner may authorize the Director to remove the graffiti by giving written consent and a waiver of liability in accordance with paragraph (c) of this Section. The notice shall be provided through the means specified in Section 1305(a).
(c) As a condition for allowing the Director to cause removal of the graffiti, the owner shall also sign a release on a form provided by the Director releasing the City and County from liability for damage to public or private property in connection with the removal of graffiti. If the Director makes the hardship determination described in paragraph (g), the owner may, if he or she desires, give advance consent to the Director to remove graffiti from the property in the future without the need for the Director to obtain the owner's consent prior to each removal. Such prior authorization shall be in writing to the Director and shall be signed by the owner. The prior authorization may be revoked by the owner at any time by notifying the Director in writing.
(d) Whenever the Director is authorized by this ordinance to remove graffiti and uses public funds for the removal and for the repainting and repair of the property from which the graffiti is removed, the Director shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, except in the following circumstances:
(1)The Director determines in a written notice to the owner that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community; or
(2)The owner agrees to pay for the costs of repainting or repairing the more extensive area.
(e) If the Director has not received consent from the owner within 10 days from the date of the notice described in paragraph (b), the Director may initiate a Graffiti Abatement Action in accordance with Section 1305.
(f) Where property defaced by graffiti is owned by a public entity other than the City and County, the Director shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the structure.
GRAFFITI PENAL CODES
594. (a) (1) AMOUNT OF DAMAGE OR DEFACEMENT $400.00 OR MORE. (FELONY)
594. (2) (A) AMOUNT OF DAMAGE OR DEFACEMENT LESS THAN $400.00
594. (B) AMOUNT OF DAMAGE OR DEFACEMENT LESS THAN $400.00 BUT HAS BEEN PREVIOUSLY CONVICTED OF VANDALISM OR AFFIXING GRAFFITI OR OTHER INSCRIBED MATERIAL UNDER SEC. 594.
GIVING OR SELLING AEROSOL CONTAINERS TO MINOR
594.1. (s)(1) UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION EXCEPT A PARENT TO SELL OR GIVE ANY AEROSOL CONTAINER OF PAINT TO ANYONE UNDER 18 Y/0
594.1. (b) UNLAWFUL FOR ANY PERSON UNDER THE AGE OF 18 TO PURCHASE AN AEROSOL CONTAINER OF PAINT.
594.1. (c) EVERY RETAILER SELLING OR OFFERING FOR SALE IN THIS STATE AEROSOL CONTAINERS OF PAINT SHALL POST IN A CONSPICOUOS PLACE A SIGN IN LETTERS AT LEAST 3/8 HIGH STATING: "ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH PAINT IS GUILTY OF VANDALISM WHICH IS PUNISHABLE BY A FINE, IMPRISONMENT, OR BOTH.
594.1. (d) ANY PERSON CARRYING AN AEROSOL CONTAINER OF PAINT ON HIS/HER PERSON AND IN PLAIN VIEW TO THE PUBLIC WHILE IN ANY POSTED PUBLIC FACILITY, PARK, PLAYGROUND, SWIMMING POOL, BEACH OR REC. AREA.
594.1. (e)(1) ANY PERSON UNDER THE AGE OF 18 POSSESSING AN AEROSOL CONTAINER OF PAINT WHILE ON A PUBLIC HIGHWAY, STREET, ALLEY OR WAY IN A CAR OR NOT POSSESSION OF TOOLS OR MARKING SUBSTANCE
594.2. (a) EVERY PERSON WHO POSSESSES A MASONRY OR GLASS DRILL BIT,CARBIDE DRILL BIT, A GLASS CUTTER, GRINDING STONE, AN AWL, CHISEL, CARBIDE SCRIBE, AEROSOL PAINT CONTAINER, FELT TIP MARKER OR ANY OTHER MARKING SUBSTANCE WITH INTENT TO COMMIT VANDALISM
25612.5( c ) (6) B + P GRAFFITI SHALL BE REMOVED FROM PREMISES AND ALL PARU. LOTS UNDER CONTROL OF LICENSE WITHIN 72 HOURS.