This chapter shall be known as the graffiti ordinance. This chapter shall both require and encourage a procedure for removal of graffiti in order to reduce blight, deterioration, crime, and lawlessness within the town limits.
(Ord. 2004-09 § 1)
As used in this chapter:
means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other fluid which is not water soluble and which is capable of defacing property.
means any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater.
means a person who is under the age of 18 years of age.
means any building, or part thereof, owned, controlled or used by the United States of America, the state of New Mexico, or any agency or political subdivision thereof.
means any park, plaza, play-ground, picnic area, stadium, ball park, swimming pool, or amphitheater which is designed or held for use by the public.
(Ord. 2004-09 § 1)
A.
It is unlawful for any person to sell, give, donate or otherwise furnish a marker to a minor.
B.
It shall be an affirmative defense to prosecution under this section that the minor was furnished with the marker by his or her parent or guardian or by another person for use in the minor’s employment or in connection with a school, civic or religious activity; provided, that such parent, guardian or other person supervised the minor in his or her use of the marker, and such parent, guardian or other person regained or attempted to regain the marker from the minor immediately upon completion of the minor’s use of the marker.
(Ord. 2004-09 § 1)
A.
It is unlawful for a minor to possess a marker.
B.
It shall be an affirmative defense to prosecution under this section that the minor was furnished with the marker by his or her parent or guardian or by another person for use in the minor’s employment or in connection with a school, civic or religious activity, and the minor was supervised by such parent, guardian, or other person who regained the marker from the minor immediately upon completion of the minor’s use of the marker.
(Ord. 2004-09 § 1)
A.
It is unlawful for a minor to possess an aerosol container of paint.
B.
It shall be an affirmative defense to prosecution under subsection (A) of this section that:
1.
The minor possessed the aerosol container of paint in connection with a use in accordance with its intended purpose;
2.
An adult having supervisory responsibility over the minor provided the minor with the aerosol container of paint;
3.
The minor’s possession and use of the aerosol container of paint took place under such adult’s direct supervision and in such adult’s presence; and
4.
The adult regained the aerosol container of paint from the minor immediately upon completion of the minor’s use of the aerosol container of paint.
(Ord. 2004-09 § 1)
A.
It is unlawful for any person age 18 or older to possess an aerosol container of paint or a marker on the property of another or in any public building or upon any public facility, other than on the premises of the person’s employer.
(Ord. 2004-09 § 1)
A.
It is the purpose and intent of MTC §§ 12.20.070 through 12.20.090 to provide a procedure for removal of graffiti from walls and structures on property next to or visible from the rights-of-way within the town in order to reduce blight and deterioration within the town, to reduce crime and lawlessness, and to protect the public health and safety.
B.
The town finds that graffiti is unclean and it constitutes a public nuisance; the prompt abatement of which is a public necessity to avoid the detrimental impact of such graffiti on the town and its residents.
(Ord. 2004-09 § 1)
The public works department and its designees are authorized to develop, use and accept, on behalf of the town, the signatures of property owners and authorized agents of property owners on the consent to entry and release of liability agreement required under MTC § 12.20.090. The public works department and its designees are also authorized to accept, on behalf of the town, all donations given for graffiti removal purposes, including supplies and equipment which the public works department or its designees determine are appropriate for use in graffiti removal.
(Ord. 2004-09 § 1)
A.
Any property owner or any authorized agent of a property owner of property lying within the town limits may request and receive, as may be available, the assistance of the town with the removal of graffiti from their property which is next to or visible from the rights-of-way in the town. Such property owner or authorized agent of a property owner shall first sign a consent to entry and release of liability agreement as may be prepared and used by the town before the town may remove or clean any such graffiti from their property.
B.
Any community, governmental or nonprofit organization that provides free graffiti removal services within the town may also request and receive supplies as may be available or transportation for supplies that will be used for the removal of graffiti from property which is next to or visible from the rights-of-way in the town; provided, that such removal is done with the consent of the property owner. Any organization that receives any town assistance under this section shall provide proof of compliance with this section upon the request of the public works department or its designees.
C.
Any property owner or any authorized agent who signs a consent to entry and release of liability agreement and who sells the property or becomes no longer authorized by the property owner to consent to the removal of graffiti from property during the time period in which a consent to entry and waiver and release of liability agreement is in effect regarding the property shall immediately notify the town of such sale or removal of authorization. Procedures for the making of such notice shall be contained in the consent to entry and release of liability agreement.
D.
Any property owner who chooses not to request the services of the town or any other governmental or nonprofit organization for the removal of graffiti from his/her property shall have five days from the time of notification from the town to submit a written plan for removal of graffiti from their property and shall remove the graffiti within 10 days from said notification of the town.
(Ord. 2004-09 § 1)
Any person found guilty of violating any of the provisions of MTC § 12.20.080 through 12.20.100 shall be punished by a fine of not more than $300.00, or by imprisonment in the Dona Ana County Jail for not more than 90 days, or by both such fine and imprisonment, and each time the chapter is violated shall constitute a separate offense.
(Ord. 2004-09 § 1)