Loading...
§ 132.01 DEFINITIONS.
   For purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AEROSOL PAINT CONTAINER. Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
   BROAD-TIPPED MARKER. 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 of an inch, containing ink or other pigmented liquid that is not water soluble.
   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 occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the Town Council.
   GRAFFITI IMPLEMENT. An aerosol paint container, a broad-tipped marker or paint stick capable of scarring or leaving a visible mark on any natural or manmade surface.
   MINOR. A person who has not yet reached 18 years of age.
   PAINT STICK. Any device containing a solid form of paint, chalk, wax, epoxy, or 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.
   PERSONS. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(Ord. passed 3-3-08)
§ 132.02 PROHIBITED ACTS.
   (A)   Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any town-owned property or, without the permission of the owner or occupant, on any privately-owned property.
   (B)   Possession of graffiti implements.
      (1)   By minors at or near school facilities. It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, park, street, playground, swimming pool, recreational facility, or other public building, structure, or property owned or operated by the town or while in or within 50 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the town, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property.
      (2)   In public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the town or while in or within 50 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the town.
      (3)   The provisions of this section shall not apply to the possession of graffiti implements by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that requires the possession of graffiti implements, nor to any person transporting graffiti implements while traveling to or from home or place of employment.
(Ord. passed 3-3-08) Penalty, see § 132.99
§ 132.03 ACCESSIBILITY TO GRAFFITI IMPLEMENTS.
   (A)   Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, 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 person under the age of 18 years without the written consent of the parents or guardian of the person. The provisions of this section shall not apply to minors participating in school, church or supervised recreational activities.
   (B)   Display and storage.
      (1)   Every person who owns, conducts, operates, or manages a retail commercial establishment selling graffiti implements shall store the graffiti 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)   In the event that a commercial retail establishment is unable to store the graffiti implements in an area as provided above, the establishment shall store the graffiti implements in an area not accessible to the public in the regular course of business without employee assistance.
   (C)   Signage required. Every person who operates a retail commercial establishment selling graffiti implements shall:
      (1)   Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 30 days and/or a fine up to $1,000."
      (2)   Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: “Selling spray paint, paint sticks, or broad-tipped markers to persons under the age of 18 years of age is against the law and punishable by a fine up to $1,000.”
   (D)   The provisions of this section shall not be effective until 45 days following written notice from the town to the owner/operator of the commercial retail establishment. Written notice shall be deemed accomplished by the first class postage mailing of a copy of this section to the address of the property occupied by the establishment as listed with the Johnston or Wake County Tax Office and to the address of the commercial establishment listed with the town's water billing office.
(Ord. passed 3-3-08) Penalty, see § 132.99
§ 132.99 PENALTY.
   (A)   Fines and imprisonment. Any person violating this chapter shall be punished by a fine of $250 for the first offense; $500 for the second offense; and $1,000 for each subsequent offense, or by imprisonment for a term not to exceed 60 days, or by both fine and imprisonment at the discretion of the court.
      (1)   In the case of a minor, the parents or legal guardian shall be jointly and severely liable with the minor for a civil penalty equal in amount to the fine set forth herein, to be recovered by the town in a civil action in the nature of a debt.
      (2)   Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents' or legal guardian's property that includes the fine and administrative costs.
      (3)   Upon an application and finding of indigence, the court may decline to order fines against the minor, parents or guardian.
   (B)   Restitution. In addition to any punishment specified in this section, the violator shall make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. Restitution shall also be deemed a civil penalty to be recovered by the town in a civil action in the nature of a debt. In the case of a minor, the parents or legal guardian shall be jointly and severely liable with the minor to make the restitution.
   (C)   Community service. In-lieu of, or as part of, the penalties specified in this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements:
      (1)   The minor or adult shall perform at least 30 hours of community service;
      (2)   At least one parent or guardian of the minor shall be in attendance a minimum of 50% of the period of assigned community service;
      (3)   The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police; and
      (4)   Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.
(Ord. passed 3-3-08)