Graffiti on public and private property is a blighting factor, which
not only depreciates the value of the property which has been the target of
such malicious vandalism, but also depreciates the value of the adjacent and
surrounding properties, and in so doing negatively impacts upon the entire
community. The City has in the past undertaken to remove graffiti from public
property but has been unable to mount a successful program for encouraging
the owners of private property to undertake to remove graffiti and other inscribed
materials from walls, structures, etc. The legislation of the state has authorized
the City to define, regulate, suppress and prevent nuisance and to declare
what shall constitute a nuisance and to abate and remove the same.
Whenever the following terms are used in this chapter, they shall have
the meanings established by this section:
CITY FORCES
City employees and equipment available to abate graffiti.
GRAFFITI
The defacing, damaging or destroying of any public and private building,
structure, place, or vehicle belonging to another, without the permission
of the owner or occupant, by the spraying of paint or marking of ink, dye
or other similar substances, or by etching.
GRAFFITI ABATEMENT PROCEDURE
An abatement procedure which identifies graffiti to the property
owner, issues notice to the property owner, allows the property owner to grant
permission to the City to abate the graffiti at no expense to the owner, or
within seven calendar days of notification, the City subsequently abates the
graffiti in the absence of the owner response, and the property owner is responsible
for the cost of the City's expense of the abatement.
GRAFFITI MATERIALS
Include, but are not limited to, aerosol paint containers
of any size, aerosol paint container tips, liquid paint or gel that is not
water soluble and cannot be removed by soap and water; in addition, devices,
tools, chemicals or materials the intended purpose of which is to engrave
or etch and leave a permanent ghosting effect, paint sticks or graffiti sticks
or devices that contain a solid form of paint, wax epoxy or other similar
substance capable of being applied to a surface by pressure.
JUVENILE
A person under the age of 18 years.
PRIVATE CONTRACTOR
Any person with whom the City shall have duly contracted to remove
graffiti.
It shall be unlawful for any person to write, paint, etch or draw upon
any wall, rock, bridge, building, fence, gate, other structure, tree, or other
real or personal property, including vehicles belonging to others, either
publicly or privately owned, without the permission of the owner or occupant,
any drawing, inscription, figure or mark of the type which is commonly known
and referred to as "graffiti" within the City.
Any person who is convicted of violating §
138-4 shall be punished in accordance with §
138-12. In addition to such punishment, the court may, in imposing sentence, order the defendant to restore the property so defaced, damaged or destroyed.
Within seven days of notification of graffiti, as defined in this chapter,
or within seven days from the mailing or personal service of the notice, the
owner or person occupying or controlling such premises or lot affected may
appeal to the City Administrator. A copy of such appeal will also be sent
to the Public Works Director or his designated representative as shown on
the Notification, Consent and Release from Liability Form.
Once a Written Notification, Consent and Release from Liability Form
is signed by the property owner or seven calendar days after owner notification
has been served and not acted upon, abatement by City forces or privately
contracted forces can commence immediately. All reasonable efforts to minimize
damage from such entry shall be taken by the City, and any paint used to obliterate
graffiti shall be as close as practicable to background color(s).
In addition to the general penalties of the code, violations of this
chapter shall be subject to the following penalties:
A. For minors: minimum 80 hours of community service.
B. For adults: minimum 48 hours in jail, or 80 hours of
community service, or both.
C. For businesses violating §
138-10B: minimum fine of $75 for a first violation; minimum fine of $150 for a second violation within a twelve-month period; minimum fine of $300 for a third and subsequent violations within a twelve-month period.