[HISTORY: Adopted by the Mayor and Council of New Castle 10-9-2007
by Ord. No. 454. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 185.
A.Â
AEROSOL PAINT CONTAINER
BROAD-TIPPED MARKER
GRAFFITI
GRAFFITI IMPLEMENT
MINOR
PAINT STICK or GRAFFITI STICK
Definitions. The following words, terms, and phrases,
when used in this section shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different meaning:
Any aerosol container that is adapted or made for the purpose of
applying paint or other substances capable of defacing property.
Any felt-tip, indelible marker or similar implement with a flat or
angled writing surface that, at its broadest width, is greater than 1/4 inch,
and contains ink or other pigmented liquid that is not water soluble.
Any unauthorized inscription, word, figure, painting, or other marking
that is written, etched, scratched, sprayed, drawn, painted, or engraved on
or otherwise affixed to any surface of public or private property by any graffiti
implement and which marking was not authorized in advance by the owners of
the property.
An aerosol paint container, broad-tipped marker, gum label, paint
stick, or graffiti stick, etching equipment, or any other device capable of
visibly scarring or leaving a visible mark on any natural or man-made surface.
Any person under the age of 18 years of age.
Any devices containing a solid form of paint, wax, epoxy, or other
similar substance capable of being applied to a surface by pressure and leaving
a mark of at least 1/8 of an inch in width.
B.Â
Display, storage and sale of graffiti implements in commercial
retail establishments.
(1)Â
Every person who owns, conducts, operates, or manages
a retail commercial establishment selling any type of graffiti implements
shall store such implements in an area continuously observable through direct
visual observation or surveillance equipment by employees of the retail establishment
during the regular course of business.
(2)Â
In the event that a commercial retail establishment is
unable to store the graffiti implements it sells in an area as provided above,
the establishment shall store such implements in an area not accessible to
the public in the regular course of business without employee assistance.
(3)Â
A minor who is an employee of a person who, or an entity
which, is a vendor of graffiti implements may, in the course of his or her
duties, possess such implements for purposes of lawful sale or transfer but
shall not purchase or obtain possession of the same for any other purpose.
(4)Â
No minor shall, at the time of purchase as specified
in this section, knowingly furnish fraudulent evidence of majority.
(5)Â
Required signage. Every person who operates a retail
commercial establishment selling any type of graffiti implement shall place
a sign with a minimum height of 14 inches and a width of 12 inches, with lettering
of at least 1/2 inch in height, which is in clear public view at or near the
display of such products and which states:
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"Warning: It is illegal to sell or distrubute aerosol paint, paint sticks,
or broad-tipped markers to any person under the age of 18 years of age or
for any person under the age of 18 years of age to possess or attempt to purchase
same. If you are over 18 years of age, it is illegal for you to purchase aerosol
paint, paint sticks, or broad-tipped markers for a person under 18 years of
age if you are not such person's parent, guardian, school teacher, or
art or craft instructor."
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C.Â
Prohibited acts.
(1)Â
Defacement of property. A person is guilty of the act
of causing graffiti when the person damages public or private real or personal
property without the permission of the owner by knowingly, purposely, or recklessly
drawing, painting, or making any significant mark or inscription thereon.
(2)Â
Distribution. It shall be unlawful for any person, other
than a parent, legal guardian, school teacher, art or craft instructor, or
employer to sell, exchange, give, loan, or otherwise furnish, or cause or
permit to be exchanged, given, loaned, or otherwise furnished, any graffiti
implement to any minor.
D.Â
Graffiti removal.
(1)Â
Responsibility of property owner. It shall be the responsibility
of the owner of property damaged by graffiti to restore said surface to an
approved state of maintenance and repair, including the removal of graffiti.
(2)Â
Notice to remove. Notice shall be as specified in this
chapter. Notice to remove graffiti shall specify that it is unlawful for the
owner or anyone who has primary responsibility for control of the property,
or for maintenance or repair of the property, to permit property that is defaced
with graffiti to remain defaced beyond a period of 10 days after service of
notice as specified in this chapter.
(3)Â
Exceptions to property owner responsibility. The removal
requirements specified herein shall not apply if the property owner, or responsible
party, can demonstrate that he or she has an active program for the removal
of graffiti, and such removal has been scheduled as part of such program,
in which case it shall be unlawful to permit such property to remain defaced
with graffiti beyond a period of 20 days after service of notice as specified
in this chapter.
(4)Â
Graffiti removal funding assistance. Following removal
of graffiti, a property owner may apply to the Finance Director for the reimbursement
of some or all of the cost of graffiti removal from fines placed in a fund
established by the Finance Director resulting from penalties assessed under
the provisions of this chapter. Distribution of funding allocations to private
property owners shall be based solely on funds available and on a first-come-first-served
basis at the discretion of the Finance Director. Receipts for the required
work to remove the graffiti shall be submitted to the Finance Director for
graffiti removal reimbursement. Requests for City funding assistance shall
be submitted to the Finance Director within 30 days of the completion of the
removal; such removal shall be certified by the Building Department to have
been completed prior to such reimbursement.
(5)Â
Failure to remove. A property owner who fails to remove
graffiti as specified herein shall be subject to the penalties set forth in
this chapter.
(6)Â
Removal by City. In the event graffiti is not removed
or otherwise eliminated or abated by the date specified in the notice, the
City, or a contractor hired by the City, shall enter upon the parcel and remove
or abate such graffiti. If the City has conducted the removal or abatement
of graffiti in accordance with this subsection, the actual cost of the removal,
plus 50% in City overhead, plus accrued interest at the Delaware legal rate
of interest per annum from the date of completion of the removal, if not paid
by the owner, or not paid as a result of an order of the City Alderman, shall
be charged to the owner, or his or her agent, as a special tax bill by the
City. Such charge shall be due and payable by the owner within six months
of such tax bill. If the full amount due the City is not paid by the owner
within the time required, the building official shall cause the special tax
bill to be recorded in the municipal lien docket. The recordation of such
special tax bill shall constitute a lien on the property and shall remain
in full force and effect for the amount due in principal and interest until
final payment has been made.
E.Â
Penalties.
(1)Â
The penalty for a first offense of this chapter shall
be a mandatory fine of not less than $200 nor more than $500. For the second
and subsequent offenses, the fine shall be $500.
(2)Â
Portions of fines may be used to pay for the cost of
public- and private-property graffiti removal. Distributions of fines for
private-property graffiti removal, if available, shall be administered by
the Finance Director.
(3)Â
Community service. In lieu of or as part of the penalties
specified in this section, an adult may be required to perform community service
as prescribed by the court based on the following minimum requirements:
(a)Â
The individual shall perform a minimum of 30 hours of
community service.
(b)Â
The entire period of community service shall be assigned
by and performed under the supervision of a representative of the Police Department
designated by the Chief of Police of the City of New Castle.
(c)Â
Reasonable effort shall be made to assign the individual
to a type of community service that is reasonably expected to have the most
rehabilitative effect on such person, including community service that involves
graffiti removal.
A.Â
Prohibited acts. A person is guilty of the act of causing
graffiti when the person damages public or private real or personal property
without the permission of the owner by knowingly, purposely, or recklessly
drawing, painting, or making any significant mark or inscription thereon.
B.Â
Distribution and possession.
(1)Â
Distribution. It shall be unlawful for any person, other
than a parent, legal guardian, school teacher, art or craft instructor, or
employer, to sell, exchange, give, loan, or otherwise furnish, or cause or
permit to be exchanged, given, loaned, or otherwise furnished, any graffiti
implement to any minor.
(2)Â
Possession. It shall be unlawful for any minor, except
a minor acting under the direct supervision, direction, or instruction of
the minor's parent, legal guardian, school teacher, art or craft instructor,
or employer, to possess, while such minor is away from such minor's residence,
any graffiti implement. Notwithstanding any other provision of this subsection,
a minor may possess graffiti implements only while such minor is using such
implements at his or her place of employment while acting within the course
and scope of his or her lawful employment duties.
C.Â
Penalties.
(1)Â
The penalty for a first and subsequent offenses of the
act of causing graffiti shall be a mandatory fine of not less than $300 nor
more than $1,000, the first $200 of which shall not be suspendable, plus appropriate
restitution for repair of the damages to the property upon which such graffiti
was caused to be placed.
(2)Â
For the second and subsequent offenses, the nonsuspendable
portion of the fine shall increase to $500.
(3)Â
Portions of fines may be used to pay for the cost of
removal of graffiti from public or private-property. Distributions of fines
for private-property graffiti removal, if available, shall be administered
by the Finance Director.
(4)Â
Community service. In lieu of or as part of the penalties
specified in this section, an adult may be required to perform community service
as prescribed by the court based on the following minimum requirements:
(a)Â
The individual shall perform a minimum of 30 hours of
community service.
(b)Â
The entire period of community service shall be assigned
by and performed under the supervision of a representative of the Police Department
designated by the Chief of Police of the City of New Castle.
(c)Â
Reasonable effort shall be made to assign the individual
to a type of community service that is reasonably expected to have the most
rehabilitative effect on such person, including community service that involves
graffiti removal.
