§ 9.34.030. Prohibition of graffiti and related vandalism.

A.

It is unlawful for any person or group of persons to commit any overt act resulting in or attempting to result in the application of graffiti or the engaging in or attempting to engage in an act of related vandalism (as set forth above in Section 9.34.020) including, but not limited to, any of the following acts:

1.

Any act such as drawing, scribing, etching, scratching, marking, painting, staining, sticking on or adhering to any real or personal property surface, public or private, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces.

2.

Any act of participation in applying graffiti such as, but not limited to, conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an act of related vandalism, including, but not limited to, acting as a "look-out", regardless of the fact the "act" was not actually witnessed.

3.

Any person who knowingly allows any acts of graffiti or related vandalism to occur on or to any property over which he or she has control as owner, tenant or possessor and who thereafter fails to promptly report such acts to the proper authorities is guilty of being a principal to the crime.

Exception: Any mural or work of art approved by the City through a design review or planning process and requiring proper permits prior to commencement of any work, shall not constitute graffiti.

B.

It is unlawful for any person, business, company, or other entity which owns or otherwise controls any building, sign, pole, vehicle, trailer, trash receptacle, wall, parking lot, walkway or any other structure or real property to knowingly allow or permit any graffiti or related vandalism to be placed on, or to take place on, any such structure or property where the graffiti and/or results of the vandalism are visible from any public right-of-way.

C.

Graffiti and/or graffiti related vandalism which appears on property and/or structures where such graffiti or related vandalism is visible from a public right-of-way shall be deemed to be a public nuisance and shall be subject to abatement as provided for in Beaumont Municipal Code, Chapter 8.32.

(Ord. No. 910, § 2, 2-20-07)