Corcoran Municipal Code Ch. 3 Graffiti

Section 53069.3 of the California Government Code authorizes cities and counties to provide for the removal of graffiti and other inscribed material from public and privately owned permanent structures located on public or privately owned real property within such city or county. The City Council finds that graffiti on public and privately owned property is obnoxious in that it furthers blight, encourages acts of vandalism, depreciates the value of present and surrounding properties, and is inconsistent with the City's property maintenance goals and aesthetic standards. (Ord. 510 N.S., 3-21-1994)

For the purposes of this Chapter, the following definitions shall apply:

DEFACEMENT: The intentional altering of the physical shape or physical appearance of property.

GRAFFITI OR OTHER INSCRIPTION: Any unauthorized inscription, word, figure or design that is indelibly marked, etched, scratched, drawn or painted on, damaging or destroying any real or personal property of another through the use of spray paint, paint, indelible marker, chalk, ink, dye, or other liquid substance capable of defacing property.

INDELIBLE MARKERS: Any marker, pen or similar implement containing any other than a solution that can be removed with water after it dries having a flat, pointed or angled writing surface of a width of four (4) millimeters or greater.

PAINT STICK: A device containing a solid form of paint, chalk, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch (1/8") in width, visible from a distance of twenty feet (20') and not water soluble.

RESPONSIBLE ADULT: A parent or guardian of an individual under the age of eighteen (18). A responsible adult may also include an agent of the parent or guardian, provided said agent is over eighteen (18) years of age. (Ord. 510 N.S., 3-21-1994)

A. Graffiti Prohibited: It shall be unlawful for any person to apply graffiti or other inscription upon any property, privately or publicly owned, without the permission of the owner, lessee or operator of such property.

B. Restitution: Any individual who is found guilty of violating this Section shall pay full restitution to the property owner, in addition to authorized penalties. If the violator is a minor, the "responsible adult" shall be liable for full restitution. (Ord. 510 N.S., 3-21-1994)

It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or upon private property, without the consent of the owner, tenant or operator thereon, and who is not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint, indelible marker or paint stick. (Ord. 510 N.S., 3-21-1994)

A. Restrictions On Selling Graffiti Materials: It shall be unlawful for any person to sell, offer to sell or cause to be sold, any aerosol or pressurized container of paint, indelible marker or paint stick to any person under the age of eighteen (18) who is not accompanied by a responsible adult. (Ord. 510, 3-21-1994)

B. Signs And Displays Of Aerosol Paint And Indelible Markers:

1. Any person offering for sale pressurized containers shall restrict access to those items from the public either: a) by placing them behind a locked counter, cabinet or other storage facility so that access to them cannot be gained without their being unlocked by an authorized employee, agent or other authorized representative of said person, or b) by placing them in a location where they shall be in constant, uninterrupted view of an authorized employee, agent or other authorized representative of said person.

2. All persons offering for sale indelible markers shall keep such markers in a location where they can be in constant view of the employee, agent or other authorized representatives of the person selling the markers.

3. Persons engaged in the retail sale of aerosol or pressurized containers of paint and/or indelible markers shall display, at the location of retail sale, a sign clearly visible and legible to employees and customers reading:

It is unlawful for any person to sell, lend or give to any minor under the age of eighteen (18) years, an aerosol or pressurized container of paint or an indelible marker.

This sign will be displayed in addition to the sign required by section 594.1(c) of the California Penal Code. (Ord. 596, 9-4-2007)

A. Generally: Any person applying graffiti within the city shall have the duty to remove same in a manner approved by the city within twenty four (24) hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter, consistent with Civil Code section 1714.1, where graffiti is applied by minors, the responsible adult shall be liable for such removal or payment for the cost thereof.

B. Public Property: Whenever the director of public works or his/her designated representative determines that graffiti exists upon property owned by the city, it shall be removed as soon as practicable.

C. Private Property:

1. Duty To Remove: It is every property owners' duty to remove graffiti promptly from their property after notifying the Corcoran police department. Where graffiti is located upon private property, which is capable of being viewed by persons utilizing any public right of way or sidewalk within the city, the city may cause a written notice to be served upon the owner of the affected premises requesting the removal of that graffiti. Unless additional time is granted by the city, due to a hardship in complying, or the property owner provides specified written consent authorizing the city or its contractor to abate the graffiti by whatever manner deemed appropriate, the property owner shall remove the graffiti within thirty (30) days after the date of the city's notice. Failure to remove or authorize city removal as specified shall be a violation of this chapter.

2. Notice: The notice shall be addressed to the name and address as appears on the last tax assessment roll, by depositing a copy of the notice in the U.S. mail, with postage fully prepaid, or personally delivering a copy of the notice to the property owner. The service is complete at the time of such deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any proceeding.

3. Authorization To Enter, Hold Harmless: Prior to the entry onto private property by city personnel or authorized contractor for purposes of graffiti removal, a specified and signed written consent form shall be obtained from the private property owner or designated agent for such authorization of entry and release of liability.

4. Enforcement: Enforcement by way of criminal prosecution is an alternate and additional remedy to other abatement and enforcement procedures available to the city. (Ord. 510, 3-21-1994)

The city may pay a reward to any person who provides information which leads to the arrest and conviction of any person who applies any graffiti or other inscription upon any property, public or private, without the consent of the owner. (Ord. 510, 3-21-1994)

Violations of the provisions of this chapter shall be punishable pursuant to the provisions of section 1-4-1 of this code. (Ord. 510, 3-21-1994; amd. 1996 Code)