LAGUNA NIGUEL : Council Backs Law on Graffiti Abatement

City Council members have given their support to a graffiti abatement ordinance that requires prompt removal of the painted words and symbols and restricts the storage, sale and possession of spray paint and markers used by vandals.

By unanimous vote Tuesday, the council approved provisions of the ordinance that give graffiti vandals, known as taggers, and property owners specific time limits to remove the markings, prohibit sales of graffiti implements to persons under 18, and make it illegal for youths to possess spray paint and other marking tools in public areas.

The council will consider final approval of the ordinance Feb. 15.

“We’re not drafting the definitive graffiti ordinance,” said Sheriff’s Lt. Joe Davis, chief of police services. “We’re drafting what we think is applicable to what we’re facing today.”

City Atty. Terry Dixon said much of the ordinance is drawn from existing state anti-graffiti and vandalism laws. “Really, what this ordinance is, to a great deal, is supplementary to state law,” he said.

The ordinance requires a graffiti vandal, if caught, to remove his moniker within 24 hours. In cases where the vandals are unknown, property owners are required to remove or cover up the graffiti in three days. A property owner who refuses to remove graffiti after receiving notice from city officials may be subject to proceedings that may result in the city removing the markings at the property owner’s expense.

The ordinance makes graffiti vandalism a misdemeanor and holds the parents of arrested vandals responsible for removal of the markings.

A reward fund of $2,500 also would be established under the ordinance. Anyone providing information that leads to the arrest and conviction of a graffiti vandal would be eligible for a reward of up to $500.

Businesses that sell paint, markers and other tools commonly used for graffiti must keep them out of immediate reach of the public, according to the ordinance.

The ordinance identifies graffiti implements as spray-paint cans, etching tools, adhesive-backed stickers, and felt tip markers and paint sticks with tips over an eighth-inch wide.

The only concerns voiced came from representatives of San Diego Gas & Electric, Southern California Edison and Pacific Bell, whose utility boxes, poles and transformers are favorite targets of graffiti vandals.

The representatives said that while their companies have established graffiti-abatement programs and supported the city’s effort, there may be times when they are unable to meet the city’s specified time limits for removal.

Council members and City Manager Tim Casey said they expected to work with the utilities in good faith. They also said city crews would assist in covering up graffiti on the utilities’ property, using paint supplied by the utilities.

“I don’t see this ordinance as a hammer to use against residents and business owners who are cooperating with us,” Casey said.