[Added 11-3-2008]
The City Council has determined that graffiti creates a visual
blight and adversely affects the enjoyment and value of property.
When graffiti is allowed to remain on property and is not promptly
removed, it invites additional graffiti and may encourage criminal
activity or lead to nuisance conditions. This article is intended
to deter graffiti, to provide mechanisms for prompt removal of graffiti,
and to establish penalties for graffiti.
As used in this article, the following terms shall have the
meanings indicated:
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 content or nature of
the material used.
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device capable of scarring or leaving a visible mark on any natural
or man-made surface.
The removal or attempted removal or painting over of graffiti
by the owner of the affected property or by another person with the
consent of the owner or owner's designee or by court order.
The person listed on the Assessor's records for the City
of Westbrook as the owner of property.
Any real or personal property, including, but not limited
to, any portion of any premises, structure, house, building, fence
or vehicle.
The following acts are prohibited:
A.
Applying graffiti to any private or public property without the permission
of the owner;
B.
Soliciting or commanding another person to apply graffiti to any
private or public property without the permission of the owner; or
C.
Aiding or abetting, or agreeing to aid or abet, another person in
planning to apply, or applying, graffiti to any private or public
property without the permission of the owner.
Possession of graffiti implements in the following situations
is deemed to be evidence of an intent or attempt to commit a prohibited
act hereunder and is prohibited:
A.
No person under the age of 18 years may possess any graffiti implement
while on or within 50 feet of any school property. Notwithstanding
this provision, a person under 18 may possess a broad-tipped marker
if traveling to or from a school in which such person is participating
in a class or activity that requires the possession of a broad-tipped
marker. The burden of proof shall be on such person to demonstrate
that possession was required for a school class or activity.
B.
By any person on or immediately adjacent to private property without
the permission of the owner of the property. The term "immediately
adjacent" means near enough to the property to apply graffiti.
C.
By any person in any public facility, park, playground, swimming
pool, recreational facility, or other public building, structure,
premises or vehicle without the City's permission, or within 50 feet
of any underpass, bridge abutment, or similar infrastructure without
permission of the owner.
No person, other than a parent or legal guardian, may sell,
exchange, give, lend, or otherwise furnish, or cause or permit to
be exchanged, given, loaned, or otherwise furnished, any graffiti
implement to any person under the age of 18 years without the written
permission of the parent(s) or guardian of the minor.
This article shall become effective November 3, 2008.
