This chapter may be cited as the "Anti-Graffiti Ordinance."
Graffiti is a public nuisance and form of vandalism which injures
and stains Española, causes neighborhoods to deteriorate, encourages
other crimes, erodes property values, and undermines the sense of
well being, safety and pride citizens feel for their community. It
is a public purpose and the intent of this chapter to eradicate or
minimize this visual blight. Unless the City acts to remove graffiti
from public and private property, the graffiti tends to remain. Other
properties then become the target of graffiti, and entire neighborhoods
are affected and become less desirable places in which to be, all
to the detriment of the City. The City Council intends, through the
adoption of this chapter, to provide additional enforcement tools
to protect public and private property from acts of graffiti vandalism
and defacement. The Council does not intend for this chapter to conflict
with any existing anti-graffiti state laws. If there is such a conflict
in specific fact situations, the Council intends the state law to
prevail and the remainder of the chapter to be enforced along with
the state law.
As used in this chapter, the following terms shall have the
meanings indicated:
ABATE
To permanently remove or cover graffiti.
GRAFFITI
Any unauthorized inscription, word, figure, painting, other
defacement or gang mark or symbol of any type that is written, marked,
etched, scratched, sprayed, drawn, painted, or engraved on or otherwise
affixed to any surface of public or private property by any graffiti
implement, to the extent that the graffiti was not authorized in advance
by the owner or occupant of the property, or, despite advance authorization,
is otherwise deemed a public nuisance by the City Council. Graffiti
consists of intentionally and maliciously defacing any real or personal
property of another with graffiti or the use of any graffiti implement
without the consent or reasonable grounds to believe there is consent
of the owner of the property. When a single occurrence of graffiti
is committed by more then one individual, the court may apportion
the amount of restitution owed by each offender in accordance with
each offender's degree of culpability.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching materials or equipment, brush
or any other device capable of scarring or leaving a visible mark
on any natural or man-made surface.
MINOR
An individual who is less than 18 years of age.
PERMANENT GLASS ETCHER
A product purposely sold to permanently etch glass such as
Armour Etch and etchall® dip 'n etch.
Any person convicted of providing graffiti implements in violation of this chapter shall be subject to the penalties set forth in §
213-15.
Evidence of the age and identity of the person may be shown
by any document that contains a picture of the person issued by a
federal, state, county or municipal government, including a motor
vehicle driver's license or an identification card issued to a member
of the Armed Forces.
Any person selling goods at retail or wholesale may refuse to
sell graffiti implements to any person who is unable to produce an
identity card as evidence that the person is 18 years of age or over.
The City shall conduct random, unannounced inspections of facilities
where graffiti implements, spray paint or permanent glass etchers
are sold to ensure compliance with the provisions of this chapter.
Whoever sells or provides, by gift or otherwise, spray paint
or permanent glass etchers to any minor is in violation of this chapter.
Each violation shall be a separate and distinct offense. Any person
convicted of this chapter may be fined up to $500 or imprisoned for
a period of 90 days, or both. As a condition of probation, the perpetrator
may be required to perform mandatory community service, including
graffiti abatement. In addition, the perpetrator shall pay all court
costs required by law as well as fees associated with the abatement
of graffiti.