In this article:
(1) 
Aerosol paint container
means any aerosolized or pressurized container that is adapted or made for the purpose of applying paint product, including a clear or pigmented lacquer or chemical coating, or other substances capable of defacing property.
(2) 
Broad-tipped marker
means any indelible marker or similar implement with a writing surface that, at its broadest width, exceeds three-sixteenths of an inch (0.1875"), and which contains ink or other solution that cannot be removed with water after it dries.
(3) 
Director
means the Director of Code Compliance or his designated representative.
(4) 
Etching equipment
means any tool, device, or substance that can be used to make permanent or lasting marks on any natural or manmade surface.
(5) 
Graffiti
means any unauthorized inscription, word, figure, painting, signature, symbol, design, or other marking of any sort which is etched, written, painted, drawn, scratched, engraved or applied in any other way to any surface of public or private property, 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 by the director to be an objectionable, unsightly visual blight to the community.
(6) 
Graffiti implement
means an aerosol paint container, a broad-tipped marker, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
(7) 
Insufficient control
means the negligent failure of a parent to exercise the duty to control his or her minor child.
(8) 
Minor
means a person younger than seventeen (17) years of age.
(9) 
Owner
means an owner of record or a person who has contractual responsibility for a property.
(10) 
Paint stick or graffiti stick
means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch (1/8") in width.
(11) 
Parent
means the natural parent or adoptive parent of a minor. Parent also includes a court-appointed guardian or other person twenty-one (21) years of age or older, authorized by a parent, by a court order, or by the court-appointed guardian to have the care and custody of the minor.
(12) 
Unauthorized
means without the consent of the owner or without authority of law, regulation or ordinance. It shall be rebuttably presumed that the owner did not consent when:
(a) 
There is no immediate or obvious evidence of specific authorization by the owner;
(b) 
The graffiti is inconsistent with the design and the use of the subject property; or
(c) 
The person causing the graffiti was unknown to the owner.
(Ordinance 5742, sec. 1, adopted 7/8/03)
The existence of graffiti on public or private property is declared to be an objectionable, unsightly public nuisance and, therefore, subject to the removal and abatement provisions specified in this article.
(Ordinance 5742, sec. 1, adopted 7/8/03)
(A) 
It shall be the duty of the owner, occupant, and any person in charge of a property to at all times keep the property clear of graffiti.
(B) 
The director shall give notice of the requirement to remove graffiti prior to the City’s removal of the graffiti in accordance with section 26.135. 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 property;
(4) 
The owner’s name, if known; and
(5) 
A specific deadline for removal of the graffiti.
(C) 
Notice has been given when the information in subsection (B) above has been:
(1) 
Delivered in person to an owner;
(2) 
Mailed to the owner’s last known mailing address;
(3) 
Published in a newspaper of general circulation in the City twice within 10 days; or
(4) 
If the property contains no buildings, posted on a placard attached to a stake driven into the ground or otherwise placed in a visible location at the property.
(D) 
Failure to remove graffiti.
It is an offense for an owner, occupant, or person in charge of a property to fail to remove graffiti after notice has been given and the deadline given in the notice has passed.
(E) 
It is an affirmative defense to prosecution under this section that:
(1) 
The graffiti was not visible from public property, public rights-of-way, or from private property other than that of the owner;
(2) 
The graffiti is an advertisement which is in compliance with all applicable state and local laws governing such advertisements; or
(3) 
The director was required to provide notice of the requirement to remove the graffiti under this section and failed to do so.
(Ordinance 5742, sec. 1, adopted 7/8/03)
(A) 
Defacement.
It is an offense for any person to apply graffiti to any natural or manmade surface on any public or private property.
(B) 
Possession by minors.
It is an offense for a minor to possess any graffiti implement while upon public or private property.
(C) 
It shall be an affirmative defense to prosecution under subsection (B) of this section that the minor:
(1) 
Was accompanied or supervised by:
(a) 
A parent or guardian;
(b) 
A teacher in connection with a bona fide school project; or
(c) 
A supervisor during the minor’s regular employment;
(2) 
Possessed the graffiti implement on the property at which the minor then resided; or
(3) 
The possession occurred as part of an organized event sponsored or supervised by a school, church, or other institution.
(Ordinance 5742, sec. 1, adopted 7/8/03)
Allowing graffiti. A parent commits an offense if the parent knowingly permits or by insufficient control allows a minor to create graffiti.
(Ordinance 5742, sec. 1, adopted 7/8/03)
(A) 
Employees of the City or of a contractor hired by the City, or community service workers supervised by the City shall have authority to enter onto any public property for the purpose of removing graffiti.
(B) 
If notice has been given in accordance with section 26.132 and the graffiti has not been removed by the deadline set forth in the notice, and the owner or lawfully authorized agent of the owner in charge of private property does not give the City written consent and waiver of liability to enter the property to remove the graffiti, employees of the City or of a contractor hired by the City or community service workers supervised by the City shall have authority to enter onto the private property specified in the notice for the purpose of removing graffiti. The director shall collect from the owner all fees and expenses incurred by the City in removing the graffiti, and in addition, shall assess an administrative fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.
(C) 
If the owner or lawfully authorized agent of the owner of private property who has received notice in accordance with section 26.132 signs a request or consent for removal and a waiver of liability, the director may remove the graffiti and the fees and expenses under subsection (B) and (D) shall not be assessed against the property.
(D) 
Manner of collections; abatement liens.
If the City removes the graffiti in accordance with subsection (B) the following shall apply:
(1) 
Such abatement shall be performed at the expense of the City for the account of the owners of the property.
(2) 
All such expenses incurred in abating such nuisance shall be assessed on and against the premises on which said expenses were expended and shall include the actual costs of abating the nuisance and an administrative fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.
(3) 
On filing with the county clerk of Dallas County, Texas, a statement signed by the Mayor or the supervisor of the Environmental Code Enforcement Division, or the Managing Director of Financial Services of the City of expenses actually incurred in abating such nuisance plus administrative fees, the City shall have a lien against the premises to the extent of the expenses and administrative fees incurred. Such lien shall be a privileged lien, second only to tax liens and liens for street improvements. Interest at the rate of ten percent (10%) compounded annually shall accrue on the expenses and fees secured by the lien. Interest shall be calculated from the date the expenses secured by the lien were incurred by the City.
(4) 
For such expenditures and interest, the City may institute suit to foreclose said lien and a statement of expenses aforesaid, or certified copy thereof, shall be prima facie proof of the amount expended in such work in abatement and the reasonableness thereof.
(Ordinance 5742, sec. 1, adopted 7/8/03; Ordinance 7363 adopted 9/6/2022)
(A) 
The City Council finds and determines that graffiti applied to any natural or manmade surface on public or private property creates an objectionable, or unsightly condition that damages the surrounding homes and businesses in the community.
(B) 
Any person who applies or creates graffiti, or any parent who knowingly permits or by insufficient control allows their minor child to apply graffiti to any natural or manmade surface or any public or private property is liable for a civil penalty.
(C) 
The civil penalty for which the person or parent is liable is the fees and cost incurred for removing the graffiti, plus a $125.00 fine for the first removal, provided that for a third or subsequent offense in any 12-month period, the amount of the penalty fine shall be $200.00.
(D) 
The director may initiate a proceeding to impose and collect a civil penalty under subsection (C) pursuant to the provisions of article II of chapter 24 of this Code.
(Ordinance 5742, sec. 1, adopted 7/8/03; Ordinance 6009, secs. 7, 8, adopted 6/6/06)