[HISTORY: Adopted by the Town Council of the Town of Sanford 8-7-2007.
Amendments noted where applicable.]
The Town Council has determined that graffiti creates a visual blight
and adversely affects the enjoyment and value of property. When graffiti is
allowed to remain on property and is not promptly removed, it invites additional
graffiti and may encourage criminal activity or lead to nuisance conditions.
This chapter is intended to deter graffiti, to provide mechanisms for prompt
removal of graffiti, and to establish penalties for graffiti.
As used in this chapter, the following terms shall have the meanings
indicated:
Any inscription, word, figure, design, painting, writing, drawing
or carving that is marked, etched, scratched, drawn, painted or otherwise
applied to property without the prior authorization of the owner of the property
regardless of the content or nature of the material used.
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 manmade surface.
Files, folders, black books, sketch books, pictures (digital or printed),
or papers with a common graffiti tag on them, computer files and or images,
rubber or latex type gloves, or air filtration masks.
The removal or attempted removal or painting over of graffiti by
the owner of the affected property or by another person with the consent of
the owner or owners designee or by court order.
The person listed on the Assessor's records for the Town of
Sanford as the owner of property, authorized agent, or legal occupant of property.
Any real or personal property, including but not limited to any portion
of any premises, structure, house, building, fence or vehicle.
A.
The following acts are prohibited:
(1)
Applying graffiti to any private or public property without
the permission of the owner.
(2)
Soliciting or commanding another person to apply graffiti
to any private or public property without the permission of the owner.
(3)
Aiding or abetting or agreeing to aid or abet another
person in planning to apply or applying graffiti to any private or public
property without the permission of the owner.
B.
Any person in violation of this section and who is found
in possession of graffiti paraphernalia where a common or personal graffiti
tag is written, painted, designed, photographed, or stored, shall be prima
facie evidence that the person in possession is the author of the graffiti
tag(s).
Possession of graffiti implements in the following situations is deemed
to be evidence of an intent or attempt to commit a prohibited act and is prohibited:
A.
By minors on or near school facilities. No person under
the age of 18 years may possess any graffiti implement while on or within
50 feet of any school property. Notwithstanding this provision, a person under
18 may possess a broad-tipped marker if traveling to or from a school in which
the minor is participating in a class or activity that requires the possession
of a broad-tipped marker. The burden of proof shall be on the minor to demonstrate
that possession was required for a school class or activity.
B.
By any person on or immediately adjacent to private property
without the permission of the owner of the property. "Immediately adjacent"
means near enough to the property to apply graffiti.
C.
By any person in any public facility, park, playground,
swimming area, recreational facility, or other public building, structure,
premises or vehicle without the Town's permission, or within 50 feet
of any bridge abutment, or similar infrastructure without permission of the
owner.
A.
No person, other than a parent or legal guardian, may
sell, exchange, give, lend, or otherwise furnish, or cause or permit to be
exchanged, given, loaned, or otherwise furnished, any graffiti implement to
any person under the age of 18 years.
B.
The Chief of Police may promulgate rules and regulations
that allow persons under the age of 18 years to purchase graffiti implements.
D.
In the case of a minor, the parents or legal guardian
shall be jointly and severally liable with the minor for payment of all fines
and fees.
E.
In the case of community service, the minor or adult
shall perform at least 30 hours of community service. In a case where a minor
is assigned community service, at least one parent or guardian of the minor
shall be in attendance a minimum of 50% of the period of assigned community
service. The entire period of community service shall be performed under the
supervision of a community service provider approved by the Chief of Police.
A.
The Chief of Police or designee shall investigate violations
of this chapter and provide a Municipal Prosecutor to process these cases
in court.
B.
Graffiti on Town or public property shall be reported
to the Sanford Police Department immediately upon discovery.
C.
Removal of graffiti on Town or public property shall
be removed as soon as possible, however, not to exceed seven days unless authorized
by the Town Manager.
D.
Graffiti on private property shall be reported immediately
upon discovery and removed within two weeks unless the Town Manager authorizes
a longer period of time to remove the graffiti.
E.
Graffiti on property prior to the enactment of this chapter
shall be removed within 30 days of notification.
F.
With approval of the Town Manager and Chief of Police
a community based committee will be formed to coordinate anti-graffiti activities.
The Town Council hereby creates the Town of Sanford Anti-Graffiti Trust
Fund. Penalties assessed against violators of this chapter shall be placed
in the fund, along with any monetary donations received from persons wishing
to contribute to the fund. The Town Manager shall direct the expenditures
of monies in the fund. Such expenditures shall be limited to the payment of
the cost of graffiti removal; the payment of rewards for information leading
to the conviction of violation of this chapter, the cost of administering
the chapter, and such other public purposes as may be approved by the Town
Manager.
