The city council hereby finds and determines that graffiti is an impure and unwholesome matter and its existence 1) is detrimental to the safety and welfare of the public, 2) tends to reduce the value of private and public property, 3) invites vandalism, additional graffiti, and other criminal activities, and 4) produces urban blight which is adverse to the maintenance and continuing development of the city. The existence of graffiti on public or private property is expressly declared to be a public nuisance and, therefore, is subject to the prevention, removal, and abatement provisions specified in this article.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
Code enforcement official.
The director of public works or his designated representative.
Felt tip marker.
An indelible marker or similar implement with any size tip.
Graffiti.
Any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, 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” does not include any of the foregoing that is placed on the property in compliance with all applicable city ordinances, state law, and federal law.
Graffiti implement.
Any aerosol paint container, any type of felt tip marker, paint stick, or etching tool capable of scarring or otherwise defacing any surface.
Owner.
Any legal or equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or any person, individual, corporation, partnership or other legal entity in apparent control of the property or any agent or employee of any of the foregoing.
Paint stick or graffiti stick.
Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application, leaving a visible mark.
Parent.
A person who is the natural or adoptive parent of a person. As used herein, the term “parent” shall also include a court appointed guardian or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
(a) 
It shall be unlawful for any person to have in his or her possession any graffiti implement while in or upon any public park, public school ground, public library, public playground, public swimming pool, public facility, any public right-of-way, or other public grounds or public buildings in the city when such premises are closed to the public, unless otherwise authorized by the owner of the property.
(b) 
It shall be unlawful for any person to have in his or her possession any graffiti implement while on private property not open to the public, without the prior consent of the owner. The graffiti implement shall be presumed to be possessed for the purpose of defacing property if it is in the holder’s possession while the holder is on private property closed to the public without the prior consent of the owner.
(c) 
It shall be an offense for the parent of a child between the ages of ten (10) and seventeen (17) years of age to intentionally, knowingly, recklessly, or with criminal negligence allow the child to violate the provisions of paragraphs (a) or (b).
(d) 
It shall be an affirmative defense to prosecution under paragraphs (a) or (b) if the person uses the graffiti implement in his/her employment or in connection with a school, civic, or religious activity, or has written permission from the code enforcement official and owner of the premises to engage in an authorized activity utilizing the graffiti implements.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
(a) 
It shall be the duty of the owner of property within the city to at all times keep the property clear of graffiti. A person commits an offense if the person is the owner of property within the city and the owner knowingly fails to paint over or remove the graffiti from the property within ten (10) days after receiving notification from the city of the presence of graffiti on the owner’s property.
(b) 
Notice shall be given to a property owner of the existence of graffiti on the owner’s property, and the notice shall also inform the owner of the requirement to remove graffiti within ten (10) calendar days of receiving notification. The notice shall be in writing and shall contain:
(1) 
The date the graffiti was observed on the property;
(2) 
A description of the graffiti;
(3) 
The address or location of the affected property;
(4) 
The owner’s name;
(5) 
The specific deadline for removal of the graffiti; and
(6) 
Information concerning the availability of, and the application procedure for, a hearing to request hardship relief pursuant to this article.
(c) 
Notice given.
Notice has been given when the information in paragraph (b) of this section has been:
(1) 
Delivered in person to an owner; or
(2) 
Mailed to the owner’s last known mailing address by certified mail, return receipt requested.
(d) 
Failure to remove.
It is an offense for an owner of property within the city to fail to remove graffiti from the property after notice has been given and:
(1) 
The deadline given in the notice for the removal of the graffiti has passed and no hearing has been requested; or
(2) 
The date specified in an order of the municipal court judge issued under this article has passed and the owner has failed to remove the graffiti as required by the order of the municipal court judge.
(e) 
Affirmative defense.
It is an affirmative defense to prosecution under this article that the graffiti is not visible from public property, public rights-of-way, or from private property other than that of the owner.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
The owner of property subject to graffiti abatement under this article may request a hearing by notifying the municipal court in writing within ten (10) calendar days following the owner’s receipt of the notice from the city informing the owner of the existence of graffiti on the owner’s property. If the municipal court judge finds that conditions constituting a duty to abate graffiti hereunder exist, the municipal court judge shall issue an order so directing the owner to abate the graffiti within seven (7) calendar days. Upon evidence presented in compliance with section 17-65 herein, the municipal court judge may find that the owner qualifies for hardship assistance as set out in section 17-65.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
(a) 
An owner who meets the criteria of paragraph (c) of this section may be provided sufficient paint materials by the city to cover the graffiti on the affected property. The paint materials may not match the existing background surface color. The owner shall have three (3) calendar days following receipt of the paint materials to abate the graffiti.
(b) 
In addition to the relief authorized in paragraph (a) of this section, if the owner demonstrates that none of the family members residing in a homestead that is the subject of a graffiti notice are able to apply the paint because of age, physical disabilities, dependent care obligations, or other limitations beyond their reasonable control, then the code enforcement official may cause the graffiti to be abated without cost to the owner, and no lien shall be placed on the homestead property.
(c) 
Relief limited to low income families. The operation of the foregoing paragraphs (a) and (b) of this article is limited to any single-family residential property that is occupied as a homestead by a “very low income family” as defined in 24 CFR 813 102, as may be amended, as computed for the city for purposes of section 8 of the United States Housing Act of 1937.
(d) 
Applications for relief under this section shall be submitted to the municipal court in such form and with such proof of ownership, income, disabilities, repeat occurrences, and related factors as may be required to determine whether the applicant is entitled to assistance. The owner must submit the application and request a hearing regarding the hardship application within ten (10) calendar days following the date the owner’s receipt of the notice from the city informing the owner of the existence of graffiti on the owner’s property. The owner and the city shall be allowed to present additional evidence regarding the issue of the owner’s hardship application at a hearing held for such purpose. The municipal court judge shall make a determination of the owner’s qualification for hardship assistance as provided herein after a hearing on the hardship application.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
If the owner fails to timely abate the graffiti, or request a hearing, or if it is determined at a hearing that the condition of the property constitutes a nuisance under this article, then the city shall be authorized, but shall have no duty, to carry out the abatement thereof and to assess its expenses. If the expenses of abatement incurred by the city remain unpaid after thirty (30) days following the date of the city’s abatement of the graffiti on the affected property, the city shall place a lien for the expenses incurred in the abatement of the affected property on the property abated, which said lien shall be second only to tax liens and liens for street improvements, and said amount shall have ten (10) percent interest from the date said statement was filed. It is further provided that for any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City of Brenham, Texas, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. This remedy is in addition to prosecution under section (penalties).
(Ordinance O-08-001, sec. 1, adopted 1/17/08)
Violation of any of the provisions of this article shall be a misdemeanor offense and shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for the first offense and a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for the second and subsequent offenses. The court shall have discretion to provide other means of punishment, which may include community service or other authorized penalties.
(Ordinance O-08-001, sec. 1, adopted 1/17/08)