LAGUNA BEACH : City Votes to Restrict Graffiti Implements

Hoping to stem what officials say is a rise in graffiti, the City Council has moved to restrict the sale and possession of graffiti tools, such as spray-paint cans and felt-tipped markers.

A proposed ordinance, scheduled for a final vote on Sept. 7, also would hold parents financially responsible for such vandalism.

Tuesday’s 4-0 vote came after council members debated what it means to enact such a law in “an art community.” Mayor Lida Lenney was absent.

Councilman Robert F. Gentry stressed that he does not want artists to be separated from their tools and expressed concern about some of the “graffiti implements” on the list.

“You can walk through a public park at any time and see an artist actually having graffiti implements in his or her hand and using them to be artistic,” he said. “Felt-tipped markers can be used to make art.”

In addition, Gentry objected to the inclusion of chalk on the list, since it has been used in the city to make outlines of bodies, symbolizing those lost to the AIDS epidemic.

In “a community that’s gone through what (the city has) gone through, I just think we need to be sensitive,” he said.

According to the proposed ordinance, when graffiti appears on private property, the owner will be asked to remove it within 48 hours. If not, it will be removed at the city’s expense.

The council also agreed to handle the proposed law as an urgency ordinance so it can take effect immediately after final approval.

Therefore, the city will now begin advising merchants of the proposed ordinance’s likely approval so they can prepare for it. The proposal says graffiti tools may only be displayed in an area “not accessible to the public.”

Before final approval, the city staff was instructed to include wording in the proposed law to make sure artists are not restricted from using the tools of their trade.

In addition, all mention of chalk will be struck from the ordinance.