The purpose of this legislation is to provide programs for removal of graffiti from public and private property within the city and to establish regulations designed to prevent and control the spread of graffiti in Waterford.
The city council finds and determines that the increase of graffiti on both public and private buildings, structures, and in other places, creates a condition of blight within the city which can result in the deterioration of the property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The council further finds and determines that graffiti is inconsistent with the city's property maintenance goals, crime prevention programs, and aesthetic standards, and, unless graffiti is quickly removed from public and private properties, other properties soon become the target of graffiti.
(Ord. 93-12 §1, 1993)
As used in this chapter:
"Graffiti"
means any inscription, word, figure, or design that is marked, etched, scratched, drawn, sprayed, painted, pasted or otherwise affixed to, or on, any surface to the extent that same was unauthorized by the owner thereof, or, despite authorization, is otherwise deemed by the city council to be a public nuisance.
"Property"
means real or personal property, whether publicly or privately owned, within the city.
"Pressured container"
means any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion devices.
"Ink marker"
means any broad tipped marker pen with a tip of one quarter inch or greater in width.
"Paint stick"
means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface and upon application leaving a mark upon property of at least one quarter inch or greater in width.
"Graffiti implement"
means a pressurized container, ink marker, or paint stick.
(Ord. 93-12 §1, 1993)
A. 
It is unlawful for any person to apply graffiti upon any property within the city.
B. 
It is unlawful for any person owning or otherwise being in control of any property within the city to maintain, permit or allow any graffiti to remain upon such property when the graffiti is visible from the street or other public or private property.
(Ord. 93-12 §1, 1993)
A. 
Each violation of this chapter shall be punishable by: (1) a fine of one hundred twenty-five dollars for a first violation; (2) a fine of two hundred fifty dollars for a second violation within a year; (3) a fine of five hundred dollars for each additional violation within one year.
B. 
Where there has been a conviction, or guilty or nolo contendere plea of a violation of this chapter, the court shall, in addition to any fine imposed to this chapter, and at the city's option, order the defendant to complete community service, including graffiti removal service, of not less than six hours and no more than forty-eight hours for a first conviction. Upon the second and subsequent conviction, a person shall be required, at the city's option, to perform community service, including graffiti removal service of not less than forty-eight hours and no more than ninety-six hours. A defendant shall be ordered to complete community service during a time other than during his or her hours of school attendance or employment.
C. 
Where there has been a conviction, or guilty or nolo contendere plea of a violation of this chapter, the court shall, in addition to any punishment imposed pursuant to this chapter, and at the victim's option, order the defendant to perform the necessary labor to cleanup, repair, or replace the property damaged by that person.
D. 
Where there has been a conviction, or guilty or nolo contendere plea of a violation of this chapter, the court shall, in addition to any punishment imposed pursuant to this chapter, and at the victim's option, and as restitution, order the defendant to pay for any related costs incurred for the cleanup, repair, or replacement of the property damaged by that person.
E. 
If a minor is personally unable to pay any fine or restitution levied for violating any provision of this chapter, the parent or legal guardian of the minor shall be liable for payment of the fine and restitution.
(Ord. 93-12 §1, 1993)
A. 
Graffiti on Public Property. Where graffiti exists on property owned by a public agency other than the city, then graffiti may be removed by the city with the consent of the public agency owning said property, and the city may proceed with any enforcement actions authorized by law against any person responsible for the graffiti. Any fines or penalties collected as a result of the arrest and conviction of any person for a violation of this chapter shall be credited to the city as reimbursement for its abatement of the graffiti.
B. 
Graffiti on Private Property.
1. 
Graffiti shall be removed from private property within fifteen calendar days after notification to the property owner by the city to remove such graffiti.
2. 
In the event a property owner fails to remove the graffiti after notice has been given, the city may, at its option, abate the graffiti as a nuisance, and the cost of such abatement may be placed as a lien or assessment against the property.
(Ord. 93-12 §1, 1993)
Every person, firm or entity who owns, conducts, operates, or manages a retail commercial establishment selling graffiti implements within the city of Waterford shall store, stock, keep or display for sale or transfer graffiti implements in an area secure and not accessible to the public in the regular course of business and accessible only to employees of such retail commercial establishments.
(Ord. 93-12 §1, 1993)
The city shall have the right but not the duty to obscure or remove, at its sole expense, any graffiti upon the exterior of walls or fences upon the perimeters of private property within the city. The city manager shall direct such abatement when he or she finds that the graffiti is plainly visible to the public and is detrimental to the health or welfare of city residents; and, in the case of publicly owned property, after securing the consent of and appropriate release by the public entity having jurisdiction over the property. In the case of privately owned property, the city shall attempt to provide three days' notice of the planned abatement activities, but failure to do so or nonreceipt of any notice shall not invalidate the city's powers hereunder. The provisions of this section authorize the removal of graffiti only upon the exterior of walls or fences upon the perimeter of private property. The scope of removal is limited to such areas as are determined appropriate by the city and not the repair or masking of a more extensive area.
(Ord. 93-12 §1, 1993)
The city hereby offers a reward of one hundred dollars or such other sum as council may direct for information leading to the arrest and conviction of any person injuring, defacing, or destroying property by the application of graffiti.
(Ord. 93-12 §1, 1993)
The procedures set forth in this chapter are not exclusive and nothing contained herein shall be deemed to preclude the city attorney from initiation of any civil or criminal action or from the pursuit of any available remedy.
(Ord. 93-12 §1, 1993)