How Tough is Benicia's Graffiti Ordinance? Don't We Deserve an Ordinance That Works?

Tougher penalties in new regulations
By Helen Gao
UNION-TRIBUNE STAFF WRITER
May 22, 2008

SAN DIEGO – Graffiti vandals will have a harder time shoplifting spray paint and broad-tipped indelible markers under new regulations that have received preliminary approval from the San Diego City Council.

The revisions also include tougher penalties for graffiti vandalism. The changes will be adopted after a second reading that could take place as early as next week.

The new regulations will require stores to keep items that are used for graffiti either in a locked display case or in an enclosed area behind a service counter [does Benicia's ordinance require this? NO], out of easy reach of minors and shoplifters.

Currently, such items can be left in the open as long as they remain under constant supervision by an employee. However, the city's code compliance department has indicated that vendors are not providing constant supervision.

Under the updated ordinance, markers with a tip 4 millimeters or broader and that use non-water-soluble ink must be secured [does Benicia's ordinance require this? NO]. Other items that are already regulated as potential graffiti tools include aerosol paint and glass-etching products.

The ordinance, which got preliminary approval last week, also updates the municipal code by incorporating state penalties for graffiti offenses [does Benicia's ordinance require this? NO] . Under those guidelines, vandals can be charged with a felony and get a state prison sentence of up to three years, pay up to $10,000 in fines and full restitution to victims and perform community service. State law also allows enhanced penalties for defacing cemeteries and houses of worship [does Benicia's ordinance require this? NO] .

The municipal code, as it stands today, provides only for misdemeanor prosecutions of graffiti violators.

The new ordinance further requires the offices of the mayor and city attorney to provide annual reports to the City Council [does Benicia's ordinance require this? NO]Committee on Public Safety and Neighborhood Services about graffiti cleanup and enforcement efforts.

The city has budgeted $1.6 million this fiscal year for graffiti abatement, enforcement and public education. That amount does not include what other agencies and private-property owners spend. The city receives 2,300 to 3,000 requests for graffiti removal per month.