“City” means the City of Larkspur.

“City Council” means the Larkspur City Council.

“City Manager” means the City of Larkspur City Manager or their designee.

“City Official” means any person authorized or directed by the City Manager to enforce any provision of this chapter, including any peace officer.

“Costs of graffiti abatement” includes, but is not limited to, court costs, attorney’s fees, costs of graffiti removal, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person who created, caused or committed the graffiti on property within the City, pursuant to Government Code Section 38772.

“Costs of graffiti removal” includes, but is not limited to, the costs of all materials and supplies used to cover, repair and/or replace property defaced by graffiti; City staff time incurred in covering, repairing and/or replacing the defaced property; City staff time incurred in training and/or supervising volunteers or persons ordered by a court under a graffiti abatement program to cover, repair, and/or replace defaced property; and attorney’s fees incurred in pursuing enforcement under this chapter.

“Custody” means either legal custody or physical custody of a minor.

“Days” means consecutive calendar days.

“Graffiti” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted in public view on any real or personal property within the City. “Unauthorized” as used here means done without the prior consent of the property owner and does not include consent given after the fact or subsequent acquiescence, as defined in Government Code Sections 38772 and 53069.3, and Penal Code Section 594.

“Graffiti abatement” means graffiti removal, repair and replacement of defaced property, administering and monitoring the participation of a defendant and their parent(s) or guardian(s) in a graffiti abatement program, and identifying and apprehending a minor or other person who created, caused or committed the graffiti on property within the City.

“Graffiti removal” means covering and/or removing of graffiti from and repair and/or replacement of public or private property defaced by graffiti.

“Minor” or “other person” means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Penal Code Section 594, 594.3, 640.5, 640.6, or 640.7, or a minor convicted by final judgment of a violation of Penal Code Section 594, 594.3, 640.5, 640.6, or 640.7, or a minor declared a ward of the juvenile court pursuant to Welfare and Institutions Code Section 602 by reason of the commission of an act prohibited by Penal Code Section 594, 594.3, 640.5, 640.6, or 640.7, as these sections may be amended from time to time.

“Property owner” means the owner(s) of record of real or personal property located within the City that has been defaced with graffiti or other inscribed material, or the person(s) having a right of present possession of the affected property, if other than the owner, including, without limitation, tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s) with primary responsibility or control over the affected property, or with primary responsibility for maintenance and repair of the property, and shall include any authorized agent(s) of all such person(s). All such persons may simultaneously be considered the property owner.

“Public view” means any public or private area that is open to view by persons from the public roadway, sidewalk or common area. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)