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2 <br />3 <br />4 <br />5 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />2. Graffiti markings directly and indirectly encourage gang warfare, including <br />drive-by shootings, and other acts of violence that result in injuries and fatalities to gang <br />members and innocent by-standers. <br />3. Graffiti markings are destructive to public and private property and cause <br />depreciation of property values and depreciation in the value of adjacent and surrounding <br />properties. <br />4. Graffiti markings result in blight and deterioration of property and business <br />values in the community and lead to economic loss. <br />The City Council also finds it necessary to enlist property owners to actively engage <br />in immediately removing graffiti and preventing its spread. In the past, the City has provided <br />unlimited, free graffiti removal services. While this is a valuable service to property owners, <br />the City Council recognizes that such actions do not encourage property owners to deal <br />directly with the problem of graffiti and formulate their own ideas, solutions and defense <br />strategies to prevent its spread. In addition, as a result of the City's limited financial <br />resources and resulting reductions in available staff and crews directly assigned to graffiti <br />removal, the City Council finds that it must develop alternative approaches to prevent the <br />spread of graffiti in the City of Colton. <br />Therefore, the purposes of this Chapter are (1) to prohibit the defacement of public <br />and private property with graffiti and declare graffiti to be a public nuisance; (2) prohibit the <br />possession of graffiti implements by minors; and (3) provide for the removal of graffiti and the <br />recovery of costs incurred by the City in such removal. By enacting the provisions contained <br />herein, the City Council seeks to diminish the negative and undesirable impact of graffiti and <br />promote the health, safety and welfare of the citizens of the City of Colton. <br />9.27.020 Definitions. <br />For the purposes of this Chapter, the following terms shall have the meanings <br />provided in this section. <br />"Abatement Costs" include, but shall not be limited to, the City's costs incurred to <br />remove graffiti from public or private real or personal property, including, but not limited to, <br />the City's staff and administrative costs, investigation costs, attorney's fees, court costs and <br />the costs of repair and replacement of the defaced real or personal property upon which <br />graffiti is placed. <br />"Aerosol paint container' means any aerosol container, regardless of the material <br />from which it is made, which is adapted or made for the purpose of spraying paint or other <br />substance designed for or capable of defacing property. <br />"City" means the City of Colton. <br />"City Manager' means the City Manager of the City of Colton or his or her designee. <br />"Etching Cream" means any caustic cream, gel, liquid or solution designed for or <br />capable by means of a chemical action of defacing, damaging, or destroying hard surfaces in <br />a manner similar to acid. <br />-3- <br />