The city recognizes that graffiti is a blight upon our community
and brings with it the possibility of violence for youths and adults
alike. The city further recognizes that it is only through a cooperative
effort of our citizens that graffiti, and its resultant negative effects,
can be controlled. This article is passed with the understanding that
the body charged with enforcing this article will make every reasonable
effort to abate the problem through cooperative efforts. The punitive
measures of this article will only be used as a last resort, when
all reasonable alternatives have been exhausted.
[Code 1984, ch. 7, § 18]
The following terms and phrases, as used in this article unless
the context clearly shows otherwise, shall have the following meanings:
means an aerosolized paint product, including a clear or
pigmented lacquer or finish.
means the chief of the city police department or, in the
absence or upon the disability of such chief, the person designated
by the chief of police to serve in the absence or upon the disability
of the chief of the city police department.
means an agent of this state or a political subdivision of
this state who engages in code enforcement.
means any unauthorized inscription, word, signature, symbol,
design or other marking of any sort which is etched, written, painted,
drawn or applied in any other way to any structure, building or property
of any sort or to any portion or element thereof, whether the property
is public or private.
means a person who, under court order, is the guardian of
the person of a minor; or a public or private agency with whom a minor
has been placed by a court.
means a device that makes a mark with a paint or ink product
that is specifically formulated to be more difficult to erase, wash
out or remove than ordinary paint or ink products.
means any person under 17 years of age.
means any person with the legal right of possession of tangible
property which includes, but is not limited to, the actual owner or
his lessee.
means a person who is a natural parent, adoptive parent or
stepparent of another person.
means without the permission of the owner or person in control
of property whether public or private.
[Code 1984, ch. 7, § 18(A); Ord. No. 1380-19, § 1, 2-11-2019]
An owner of any tangible property in the city commits an offense
if he fails to remove all graffiti from the property that is visible
from any public property or right-of-way or from any private property
other than the property on which the graffiti exists, unless the graffiti
was created on the property with the owner's consent and does not
violate the sign regulations of the city or any other applicable city
ordinance or state or federal law.
[Code 1984, ch. 7, § 18(B)(1)]
(a)
Prior to issuance of a citation for failure of a person to remove graffiti from property under his control, the owner must be given notice of the violation. Notice may be made personally to the owner in writing, by letter addressed to the owner's mailing address or by publication in a newspaper of general circulation in the city at least twice within ten consecutive days, if personal service cannot be obtained or the owner's mailing address is unknown. Citation for a violation of section 34-143 may be issued 14 calendar days after notification of the violation. Notice will be deemed to have occurred as of the day the notice was given personally to the owner, or three days after written notice was mailed to the owner, or if notice is by publication, on the date that the second or last notice is published in the newspaper of general circulation of the city.
(b)
Notice
shall be sufficient if it states the following regarding the offense:
Date, physical location denoted by street address, name of owner,
notation of the violation of the graffiti section of this chapter
of the Code of Ordinances of the city.
[Code 1984, ch. 7, § 18(B)(2)]
[1]
Editor’s note–Former § 34-145, Assistance
for removal through volunteer program; time limitations, which derived
from Code 1984, ch. 7, § 18(B)(3), was repealed 2-11-2019 by
Ord. No. 1380-19.
Once the owner has received notice and arranged for clean-up, the owner may request, in writing, an extension of time. The request shall be directed to the code enforcement officer and must set out the reasons for the delay. The request must be received prior to the expiration of the 14-day period set out in section 34-144. The code enforcement officer shall be authorized to grant one 14-calendar-day extension.
[Code 1984, ch. 7, § 18(B)(4); Ord. No. 1380-19, § 2, 2-11-2019]
[1]
Editor’s note–Former § 34-147, Volunteer
assistance program; scope, which derived from Code 1984, ch. 7, §§
18(B)(5)—(7), was repealed 2-11-2019 by Ord. No. 1380-19.
The 14 calendar days will be counted as follows:
(1)
From
the date the notice is personally served on the owner or from the
third day after the notice is placed in the United States mail;
(2)
If the owner cannot be found or the notice is returned by the United States Postal Service, from the date the notice is published for the second time, in accordance with section 34-144; or
(3)
The
14-day extension, if granted, shall commence immediately upon the
expiration of the preceding 14-day period, as calculated above.
[Code 1984, ch. 7, § 18(B)(8)]
It is an affirmative defense to prosecution under section 34-143 that:
(2)
The
property owner has removed graffiti from that particular property
three or more times within the preceding 12 months.
[Code 1984, ch. 7, § 18(E)(2); Ord. No. 1380-19, § 3, 2-11-2019]
A parent or guardian of a minor commits an offense if he intentionally,
knowingly, recklessly or with criminal negligence permits the minor
to create graffiti on tangible property in the city without the property
owner's consent.
[Code 1984, ch. 7, § 18(C)]
It shall be the duty of the code enforcement officer to enforce this section. Any person, firm, corporation or agent or employee thereof, who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in section 1-14.
[Code 1984, ch. 7, § 18(E)(1); Ord. No. 1380-19, § 4, 2-11-2019]
