[Adopted 5-4-2010 by Ord. No. 8001]
This article shall be known and may be cited as the "City of
El Reno Graffiti Eradication Ordinance."
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The act of drawing, painting, chiseling, scratching or etching
graffiti on public or private property within the City.
The Director of the Public Works Department or designee.
Includes, without limitation, any letter, word, name, number,
symbol, slogan, message, drawing, picture, writing or other mark of
any kind visible to the public that is drawn, painted, chiseled, scratched
or etched on a rock, tree, wall, bridge, fence, gate, building or
other structure. However, this definition does not include advertising
or any other letter, word, name, number, symbol, slogan, message,
drawing, picture, writing or other mark of any kind lawfully placed
on property by an owner of the property or by an authorized agent
for such owner or occupant.
Any person shown by the records of the County Clerk's office
as a tenant of property or any person in actual physical possession
of property.
Any person shown by the records of the County Clerk's office
as the owner of a fee simple interest in property.
When used in relation to the eradication of graffiti, the
act of taking graffiti off or masking the presence of graffiti on
a rock, tree, wall, bridge, fence, gate, building or other structure.
The purpose of this article is to provide for the prevention
and removal of graffiti within the City. The intent of the City Council
is to prevent and remove a public nuisance that is a growing blight
on and a substantial detriment to the health, safety and general welfare
of the community and its inhabitants.
The City Council declares that graffiti on public or private property within the City constitutes a public nuisance to the detriment of the City and its inhabitants and visitors. The provisions for prevention and removal of such public nuisance are set forth in §§ 275-164 and 275-165 of this article.
A.
No person shall apply graffiti to public or private property within
the City.
B.
Any person who applies graffiti to public or private property within
the City shall be deemed guilty of an offense. Each act of applying
graffiti shall constitute a separate offense.
C.
Any person convicted of the offense of applying graffiti to public
or private property within the City shall be punished by a fine (as
defined by resolution) plus costs.
D.
This article shall be enforced by the City Police Department and
Code Enforcement Division.
[Amended 5-9-2023 by Ord. No. 9325]
City abatement of graffiti shall be done in accordance with § 246-3 of this Code.
A.
MINOR
PERSON
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Any individual under the age of 18 years of age.
Any individual, firm, association, partnership or corporation
selling or offering for sale any item prohibited by this section.
B.
Prohibited conduct. The following conduct shall be prohibited:
(1)
No person shall knowingly sell to any minor any aerosol container
of paint (spray paint) capable of defacing property, unless such minor
is accompanied by a parent or a guardian.
(2)
Any person selling or offering for sale any aerosol container
of paint shall ensure the buyer is over the age of 18.
C.
Posting of sign. Any person who owns, manages or operates a place
of business wherein aerosol containers of paint capable of defacing
property are sold shall conspicuously post, at the place of display
of such containers for sale, a sign in letters at least 1/2 inch in
height, stating "Spray paint shall not be sold to minors."
D.
Consequences of providing paint used for graffiti. Any person who
has reached the age of majority who shall knowingly give, sell or
trade to any minor any aerosol container of paint used in the actual
application of graffiti or defacement of property shall be guilty
of an offense and shall, upon conviction, be punished as prescribed.
E.
Penalty. Any person convicted for an offense in violation of this
section shall, upon conviction, be punished by a fine (as determined
by resolution).
A.
No person under the age of 18 years may possess an aerosol spray
paint container or broad-tipped indelible marker on any public property
unless accompanied by a parent, guardian, employer, teacher or other
adult in any similar relationship and such possession is for a lawful
purpose.
B.
No person may possess an aerosol spray paint container or broad-tipped
indelible marker on any private property unless the owner, agent,
manager or other person having control of the property consented to
the presence of the aerosol spray paint container or broad-tipped
indelible marker.
C.
No person may possess an aerosol spray paint container or broad-tipped
indelible marker on or in any City-owned park or area of recreation/sport
facility unless the owner, agent, manager or other person having control,
by City-issued permit, of the property consented to the presence of
the aerosol spray paint container or broad-tipped indelible marker
for the purpose of an organized school, church or festival event.
D.
The penalty for violation of this section shall be a fine (as determined
by resolution) for each individual violation.
