PART 6 UNLAWFUL GRAFFITI

SECTION:

9.6.601: Purpose

9.6.602: Enforcement Clause

9.6.603: Definitions

9.6.604: Defacement Prohibited

9.6.605: Possession Of Graffiti Materials Prohibited

9.6.606: Graffiti Removal Required; Time Limits

9.6.607: Right Of Entry

9.6.608: Remedies

9.6.609: Notice And Order

9.6.610: Appeal Of Notice And Order; Hearing

9.6.611: Failure To Comply With Notice And Order Or Agreement To Abate

9.6.612: Lien Assessment

9.6.613: Procedures And Guidelines

9.6.614: Additional Remedies

9.6.615: Penalty

9.6.601: PURPOSE:

The purpose of this part is to protect the health, safety, and welfare of all the citizens of the City by eliminating the proliferation of graffiti within the City, because graffiti contributes to the deterioration of neighborhoods, the depreciation of property values and increases criminal activity. (Ord. 94-180; Ord. 01-42)

9.6.602: ENFORCEMENT CLAUSE:

The Code Enforcement Administrator, Zoning Administrator and Chief of Police are authorized to perform and enforce all provisions of this part. (Ord. 94-180; Ord. 01-42)

9.6.603: DEFINITIONS:

GRAFFITI: Any writing, word, symbol, figure, design or other inscribed material written, sprayed, painted or otherwise applied to any exterior surface of a building, wall, fence, tree, sidewalk, curb or other permanently fixed object without the authority or consent of the property owner.

GRAFFITI MATERIALS: Include:

   A.   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 one-fourth inch (1/4"), containing ink or other pigmented liquid that is not water soluble.

   B.   Etching Equipment: Any tool, device, or substance that is intended to be used to make permanent marks on any natural or manmade surface.

   C.   Paint Stick: Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-fourth inch (1/4") in width.

   D.   Spray Paint Container: Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.

   E.   Other: Any other device capable of scarring or leaving a visible mark on any natural or manmade surface.

OWNER, PROPERTY OWNER: Any person, partnership, or corporation owning, leasing, occupying, or having control or possession of any property within the City.

PERMANENTLY FIXED OBJECT: Any object affixed to or attached to real property within the City, or the real property itself, if the object is not designated for or is incapable of being readily removed from the real property. This includes, but is not limited to: private homes, duplexes, apartments, business establishments, buildings, sheds, garages, parking structures, retaining walls, fences, posts, trees, telephone poles, sidewalks, garbage dumpsters, signs or billboards. (Ord. 94-180; Ord. 96-99; Ord. 01-42)

9.6.604: DEFACEMENT PROHIBITED:

It is unlawful for any person to apply graffiti to any natural or manmade surface on any City owned property or on any non-City owned property. (Ord. 96-99; Ord. 01-42)

9.6.605: POSSESSION OF GRAFFITI MATERIALS PROHIBITED:

   A.   It is unlawful for any person to possess any graffiti materials while in or upon any public place 1 or while in or within one hundred feet (100') of an overpass, underpass, bridge abutment, storm drain, retaining wall or similar public or private infrastructure.

   B.   It is an exception to a charge under this section that the person possessing the graffiti materials specified in subsection A of this section was:

      1.   At the person's place of employment and possessed the materials or devices within the scope of that employment,

      2.   Upon property with express permission from the owner, manager, or other person having lawful control of the property to possess the materials upon the property,

      3.   Attending a school, or traveling between a lawful location and a school, at which the person is enrolled if the person is participating in a class at the school that formally requires the possession of the materials, or

      4.   Transporting the materials between lawful locations while going about one's business or activity while so transporting. Transporting shall not include loitering or aimlessly driving, riding, or walking about on any street, avenue, highway, road, parking lot, alley, vacant lot, park, playground, yard, sidewalk or other location, whether public or private. (Ord. 96-99; Ord. 01-42)

 

Notes

1	1. See section 9.1.103 of this chapter for definition of "public place".

9.6.606: GRAFFITI REMOVAL REQUIRED; TIME LIMITS:

It is unlawful for the owner or occupant of any real property to permit graffiti to remain upon any permanently fixed object on the owner's or occupant's property for a period exceeding ten (10) days after notice of the graffiti's existence. (Ord. 94-180; Ord. 96-99; Ord. 01-42)

9.6.607: RIGHT OF ENTRY:

   A.   Where the Code Enforcement Administrator, Zoning Administrator or Chief of Police have reasonable cause to believe that there may exist on any premises located within the City a condition which is a violation of the provisions of this part, the Code Enforcement Administrator, Zoning Administrator, or Chief of Police may enter upon any premises at any reasonable hour for the purpose of inspecting, abating, removing or preventing the condition.

   B.   In the event that the owner or occupant of any premises located within the City refuses to permit entry by the Code Enforcement Administrator, Zoning Administrator, or Chief of Police when entry is sought, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may make application to any Judge of the Municipal Court of the City for the issuance of a warrant in accord with chapter 11 of this Code. (Ord. 94-180; Ord. 96-99; Ord. 01-42; Ord. 03-123; Ord. 04-178)