It is hereby found and declared that graffiti creates a visual
blight and property damage. When graffiti is allowed to remain on
property and is not promptly removed, it invites additional graffiti
and criminal activity and constitutes a nuisance. Any property within
the City which becomes a graffiti nuisance property is in violation
of this chapter and subject to its remedies. Any owner of property
who permits said property to be a graffiti nuisance property shall
be in violation of this chapter and subject to its remedies.
As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
Any inscription, word, figure, design, painting, writing,
drawing or carving that is marked, etched, scratched, drawn, painted,
or otherwise applied to property without the prior authorization of
the owner of the property, regardless of the graffiti content, or
nature of the material used in the commission of the act, or the material
of the property.
GRAFFITI NUISANCE PROPERTY
Property to which graffiti has been applied, if the graffiti
is visible from any public right-of-way, from any other public or
private property or from any premises open to the public, and if the
graffiti has not been abated within a period of 30 days. This shall
not include any property owned by the City of Gardner, the Commonwealth
of Massachusetts, or any department or agency of the United States
government.
OWNER
The deed holder, occupant, tenant, mortgagee in possession,
or manager of any commercial, industrial, mixed-use, or residential
building, estate, or land on which the graffiti is placed.
PERMIT
Permission by the City to suffer, allow, consent to, acquiesce
by failure to prevent, or expressly assent or agree to the doing of
an act.
PROPERTY
Any real or personal property and that which is affixed,
incident or appurtenant to real property, including but not limited
to any premises, house, building, fence, structure or any separate
part thereof, whether permanent or not.
STRUCTURE
That which is built or constructed; an edifice or building
of any kind, including units thereof or mobile homes; any of which
is an addition to or a fixture on real property.
The following acts and omissions shall constitute violations
of this chapter punishable by the fines as herein provided:
A. Any person caught in the act of placing graffiti on a property or
found guilty of defacing a property with graffiti shall be assessed
a fine according to the following schedule:
(4) Fourth and subsequent instances shall be fined at an amount which
increases by $50 per instance, up to $400.
B. Any owner who fails to remove graffiti from his/her property after 30 days of receiving notification from the Chief of Police, or his/her designee, shall be assessed a fee of $20 per day up to $400 until the graffiti is removed from the property pursuant to the schedule set forth in Subsection
A.
C. Should any fee assessed pursuant to this chapter remain unpaid in
excess of 30 days from the date the fee is billed, a late fee in the
amount of $25 shall be assessed and shall be payable by the owner
of the premises in addition to the original fee.