[Adopted 7-24-1990 (Ch. 11, Art. IX of the 1988 Code)]
As used in this article, the following terms
shall have the meanings indicated:
INDELIBLE MARKER
Any felt-tip marker, china marker or similar device that
is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
MINOR
Any person under the age of 18 years.
PERSON
Any retail establishment.
Any person who violates the provisions of this
article shall be subject to a fine or penalty of not less than $25
for the first offense and $50 for each subsequent offense.
[Adopted 1-28-1997 (§§ 10-74 to 10-82 of
the 1988 Code)]
It is hereby declared that graffiti upon public
and private property is a nuisance which endangers the public health,
safety, morals and welfare of the citizens of Lowell. Graffiti contributes
to the creation of substandard, decadent and blighted neighborhoods;
to the spread of crime and juvenile delinquency; to the reduction
of property values; and to the arrest of economic growth within the
City of Lowell. Left uncontrolled, graffiti encourages additional
graffiti and constitutes an economic and social liability for the
City of Lowell and its citizens.
As used in this article, the following terms
shall have the meanings indicated:
CITY
City of Lowell.
[Added 7-23-2002]
GRAFFITI
As used in this article, as well as other applicable sections
of the Code, shall mean any letters, words, writings, numbers, symbols,
logos, drawings, paintings, carvings, etchings, inscriptions or other
markings not required or approved of by law, whether or not approved
of by the owner, affixed to any real property or improvements thereto,
either privately or publicly held, which destroys, damages, defaces,
disfigures, alters, marks or mars the property in any manner or to
any degree.
OWNER
Every person alone or severally with others who:
A.
Has legal title to any building or parcel of
land, vacant or otherwise;
B.
Has care, charge or control of any building,
or parcel of land, vacant or otherwise, in any capacity, including
but not limited to agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title;
C.
Is a mortgagee in possession of any such property;
or
D.
Is an agent, trustee or other person appointed
by the courts and vested with possession or control of any such property.
REAL PROPERTY
Land and whatever is attached to its surface, including but
not limited to buildings, bridges, benches, poles, fences, trestles,
playground equipment, fire hydrants, gravestones, tablets, trees,
rocks, or any other object, natural or artificially made.
Any owner aggrieved by any final decision of the Board of Health with respect to an order of notice issued under the provisions of this article may appeal to a court of competent jurisdiction if, within three days upon receipt of the Board's decision, the owner commences a civil action in such court. Such right of appeal shall not be construed so as to hinder, delay or prevent the Board of Health, or an agent thereof, from acting and proceeding under §
164-11B, and provided further that this section shall not prevent the City from recovering all costs incurred, as provided in §§
164-12 and
164-13, from the date of the service of the original order, unless otherwise ordered by a court.
Nothing herein shall prevent the City of Lowell from enforcing other applicable sections of the Code, namely §
222-10, Painting, writing or marking on real property, and Article
I, Sale of Spray Paint Containers and Indelible Markers, of this chapter, or applicable sections of Massachusetts General Laws, including but not limited to MGL c. 266, § 126.