The Mayor and Council intends, through the adoption
of this chapter, to provide additional enforcement tools to protect
public and private property from acts of graffiti vandalism and defacement.
The Council does not intend for this chapter to conflict with any
existing anti-graffiti state laws.
As used in this chapter, the following terms
shall have the meanings indicated:
GRAFFITI
Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, 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 a public nuisance by the Hearing Officer as established §
110-7D(1) of this chapter.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device capable of scarring or leaving a visible mark on any natural
or man-made surface.
MINOR
Any person under the age of 18.
As to such property where the responsible party
is the property owner, if all or any portion of the assessed abatement
charges remaining unpaid after 30 days, the portion thereof that remains
unpaid shall constitute a lien on the property that was the subject
of the abatement effort. The Town Manager shall authorize the Town
Attorney to proceed with any appropriate legal action(s) to accomplish
the filing of a lien against the property.
Whenever an applicant for design review approval,
a conditional use permit, special use permit, unclassified use permit,
development agreement, or other form of development or building permit
is received, and the proposed building or structures are visible from
any public or quasi-public place, the Code Enforcement Office, as
well as the Planning Commission, shall discuss with the applicant
the prevention of graffiti, and encourage the applicant to use anti-graffiti
techniques, including, but not limited to, the following:
A. Use of a protective coating to provide for the effective
and expeditious removal of graffiti;
B. Use of additional lighting;
C. Use of non-solid fencing;
D. Use of landscaping designed to cover large expansive
walls such as ivy or similar clinging vegetation; or
E. Use of architectural design to break up long, continuous
walls or solid areas.