[Adopted 10-15-1984 as Sec. 19-51 of the 1962 Code (Ch.
150, Art. I, of the 1987 Code)]
The use of broad-tipped pens, paint, spray cans,
pencils, pens, crayons or other marking devices to write graffiti
on the walls or other spaces of public or private buildings, vehicles,
areas or facilities causes serious defacement of such buildings, vehicles
and areas, public and private, and contributes to the deterioration
of property values. Such practices exhibit a contempt for the property
rights of private citizens as well as governmental authority, contribute
to an erosion of respect for authority and depreciate the quality
of life in the community.
As used in this article, the following terms
shall have the meanings indicated:
GRAFFITI
Includes any unsightly, offensive or defacing writings or
other written or pictorial matter by any method or device and of any
content which contributes to the defacement of real or personal property
and which contributes to the ugliness and unsightliness of its object,
space, area or community and which is detrimental to the attractiveness,
neatness and good order of the municipality.
In the enforcement of this article, all persons
directly or indirectly involved shall be as equally responsible and
guilty as the individual who actually defaces the object or area.
Any individuals who encourage and participate in such activity, as
well as individuals who make available the tools, writing materials,
ladders, lookouts, material or assistance or who knowingly supply
funds to acquire materials for such purposes, including parents and
friends, shall be equally guilty and liable for punishment under this
article.
This article shall not be construed to prohibit
easily removable chalk markings on public sidewalks or streets in
connection with traditional children's games or any lawful business
or public purpose or activity.
[Adopted 10-15-1984 as Sec. 19-52 of the 1962 Code (Ch.
150, Art. II, of the 1987 Code)]
Whereas there is widespread use of spray paint
and indelible markers in the permanent defacement of public and private
property; and whereas the defacement or marring of public and private
property has contributed to the blight and degradation of neighborhoods
and public places; and whereas the easy application and ready accessibility
to spray paint and indelible markers facilitates its use and hinders
enforcement agencies from preventing persons from defacing public
and private property or apprehending those committing the offensive
conduct; and whereas a substantial portion of the defacement of public
and private property has been caused by minors using spray paint containers
and indelible markers obtained both legally and illegally, the following
provisions shall apply.
As used in this article, the following terms
shall have the meanings indicated:
INDELIBLE MARKER
Any felt-tip marker, china marker or similar device that
is not water-soluble and which has a flat or angled writing surface
of 1/2 inch or greater.
MINOR
Any person under the age of 18 years.
No person shall sell or transfer or offer for
sale or transfer any spray paint container or indelible marker unless
such spray paint container or indelible marker is held for sale or
transfer in an enclosed device which is constructed to prevent removal
of the merchandise except by authorized attendants or is stored out
of sight in such a way as to prevent free access to the merchandise
by the public.
Absent express permission to the contrary, it
shall be unlawful for any person to possess a spray paint container
or indelible marker in any public building or upon any public facility
or private property with intent to use the same to deface said public
building, facility or property.
[Amended 11-2-1987; 5-5-2008 by Ord. No. 08-18]
Any person found guilty of violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as provided in §
1-15, General penalty, of this Code, in the discretion of the Municipal Court Judge.