[Adopted 7-6-2010 by Bill No. 2010-04]
This article is enacted to help prevent the spread of graffiti
vandalism, to establish a program for the removal of graffiti from
public and private property, and to provide additional enforcement
tools to protect public and private property from acts of graffiti
vandalism and defacement. Graffiti is a public nuisance and destructive
of the rights and values of property owners as well as the entire
community.
In general, the following words have the meanings indicated
below:
Any indelible marker or similar implement with a tip which,
at its broadest length, width or diameter is 1/8 inch or greater.
The intentional altering of the physical shape or physical
appearance of property.
Any unauthorized inscription, word, figure, painting, symbol,
design or other defacement that is written, marked, etched, scratched,
sprayed, drawn, painted, inscribed, tagged, sketched, carved, scraped
or engraved on or otherwise applied to any surface of public or private
property by any graffiti implement, without the prior authorization
of the owner or occupant of the property.
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device or substance capable of scarring or leaving a visible mark
on any natural or man-made surface.
Any person less than the age of 18 years.
Any person applying graffiti to any property.
Any individual, partnership, association, corporation, personal
representative, receiver, trustee, assignee or any other legal entity.
Any real or personal property and that which is affixed,
incidental or appurtenant to real property, including, but not limited
to, any structure, fence, wall, building, bridge, sidewalk, storm
drain, sign, whether permanent or not.
A.
Defacement. It shall be unlawful for any person to apply graffiti
to property, either publically or privately owned, without the express
permission of the owner or operator of such property. Each property
defaced shall be considered a separate offense.
B.
Possession of graffiti implements.
(1)
No person, including a minor, may possess a graffiti implement on
public or private property with the intent to deface the property
without the express permission of the owner or operator of the property.
(2)
No minor may possess any graffiti implement while on any school property,
grounds, facilities, buildings, or structures, or in areas immediately
adjacent to those specific locations, without the prior written consent
of the owner or occupant of the property. The provisions of this section
shall not apply to the possession of broad-tipped markers by a minor
attending or traveling to or from a school at which the minor is enrolled,
if the minor is participating in a class at the school that formally
requires the possession of broad-tipped markers. The burden of proof
in any prosecution for violation of this subsection shall be upon
the minor student to establish the need to possess a broad-tipped
marker.
The existence of graffiti on public or private property in violation
of this article is expressly declared to be a public nuisance and,
therefore, is subject to the removal and abatement provisions specified
in this article.
A.
Any perpetrator on public or private property shall have the duty
to remove the graffiti within 10 days after notice by the county,
or longer if allowed by the Code Enforcement Officer or private owner
of the property involved.
(1)
Such removal shall be done in a manner that returns the property
to its original condition, or as close as possible, prior to the graffiti
defacement.
(2)
The perpetrator shall be responsible for the payment of the costs
of the removal, whether the person is physically removing the graffiti
or not.
(3)
Failure of the perpetrator to remove the graffiti or pay for the
removal shall constitute a violation of this article. Where a minor
is the perpetrator, the parents or legal guardian shall also be responsible
for such removal or for the payment for the removal.
B.
The notice required by Subsection A of this section shall contain the following information:
(1)
The street address and legal description of the property sufficient
for identification of the property;
(2)
A statement that the property is a graffiti nuisance property with
a concise description of the conditions leading to the finding;
(3)
A statement that the graffiti must be removed within 10 days after
receipt of the notice and that if the graffiti is not abated within
that time, the county will take further legal action; and
(4)
Certification of the enforcing official attesting to the truth of
the matters set forth.
A.
Whenever the county becomes aware or is notified and determines that
graffiti is located on publicly or privately owned property viewable
from a public place, the county shall be authorized to use public
funds, if they are available, for the removal of the graffiti, or
for the painting or repairing of the graffiti, but shall not authorize
or undertake to provide for the painting or repair of any more extensive
an area than that where the graffiti is located, unless the Code Enforcement
Officer determines in writing that a more extensive area is required
to be repainted or repaired, or unless the property owner agrees to
pay for the costs of repainting or repairing the more extensive area.
B.
Prior to entering upon private property or property owned by a public
entity other than the county for the purpose of graffiti removal,
the county, through the Code Enforcement Officer, shall attempt to
secure the consent of the property owner and a release of the county
from liability for property damage or personal injury. The release
of liability form shall be approved by the County Attorney.
A.
Perpetrator.
(1)
Criminal.
(a)
Any person who violates, refuses or neglects to comply with §§ 174-9 and 174-11A shall be guilty of a misdemeanor and subject to imprisonment for a term not to exceed 60 days, and/or a fine not to exceed $1,000. Each and every different property defaced is a separate offense. Each day that such graffiti shall be permitted to exist after the expiration of the time limit in the notice required by § 174-11 shall be deemed a separate and additional offense.
(b)
In lieu of, or as part of, the penalties specified in this section,
a minor or adult may be required to perform community service as described
by the court.
(c)
The court may order any violator to make restitution to the
victim for damages or loss caused directly or indirectly by the violator's
offense in the amount or manner determined by the court. In the case
of a minor, the parents or legal guardian shall be ordered jointly
and severally liable with the minor to make the restitution. If unpaid,
all said restitution assessed shall become a lien against the property
of the minor and/or the minor's parents' or legal guardian's property.
(d)
In the case of a minor, the parents or legal guardian shall
be jointly and severally liable with the minor for payment of all
fines. If unpaid, all said fines assessed shall become a lien against
the property of the minor and/or the minor's parents' or legal guardian's
property.
(e)
In the event that the county is required to abate the graffiti
as provided herein against the perpetrator, the cost of such abatement
shall be assessed to the perpetrator. The cost of abatement shall
include all actual costs incurred by the county, including, but not
limited to, the costs of all material and labor and any applicable
penalties. If unpaid, all said costs and applicable penalties assessed
shall become a lien against the property of the perpetrator and shall
be collected in the same manner as real estate taxes by the county.
In the case of a minor perpetrator, the parents or legal guardian
shall be ordered jointly and severally liable with the minor to pay
the costs of the abatement.
B.
Property owner.
(1)
Civil.
(a)
Any person, firm, corporation or entity who refuses or neglects
to permit the county to enter their property shall be guilty of a
civil infraction and shall be subject to a fine of $100 for the first
offense; $200 for the second offense; and $500 for each subsequent
offense. Each day that such nuisance shall be permitted to exist after
a refusal to permit the county entry on to their property shall be
deemed a separate and additional offense.
(b)
If the court renders judgment that the person is guilty of the civil infraction, the court may order the person to abate the infraction. (See § 221-7I.)
(c)
In the event that the county is required to abate the graffiti because of the person's failure to follow the court order under § 174-13B(1)(b), the cost of such abatement shall be assessed to the owner(s) of the land on which the graffiti existed, as well as all subjects of the civil infraction citation. The cost of abatement shall include all actual costs incurred by the county, including, but not limited to, the costs of all material and labor and any applicable penalties. If unpaid, all said costs and applicable penalties assessed shall become a lien against the violator's property and shall be collected in the same manner as real estate taxes by the county.
C.
Graffiti trust fund. Any fines assessed and collected against any
violator of this article shall be placed in the Graffiti Trust Fund,
along with any monetary donations received from persons wishing to
contribute to the fund. The County Executive shall direct the expenditures
of monies from the fund. Such expenditures shall be limited to the
payment of the cost of graffiti removal and administration of this
article.
