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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". |
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)
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)
The Code Enforcement Administrator, Zoning Administrator or Chief of Police shall have, but not by way of limitation, the following remedies available with respect to abatement of graffiti violations:
A. After careful consideration of the facts and circumstances, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may authorize no action be taken on a complaint of an alleged graffiti violation.
B. The Code Enforcement Administrator, Zoning Administrator or Chief of Police shall have the authority to effectuate the abatement of graffiti violations through informal meetings or conversations.
C. The Code Enforcement Administrator, Zoning Administrator or Chief of Police may enter into an agreement with a violator in which the violator agrees to abate the violation within a certain time frame based upon certain conditions within the agreement. Should the violator not abide by the terms and conditions of the agreement to abate, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may proceed with abatement as authorized in section 9.6.611 of this part.
D. The Code Enforcement Administrator, Zoning Administrator, or Chief of Police may issue a notice and order to the violator ordering the cessation of an illegal condition within a specified period of time based upon the nature of the violation. Should the violator not comply with the notice and order within the period of time specified or appeal the notice and order within the applicable time period, the Code Enforcement Administrator, Zoning Administrator or Chief of Police may proceed with abatement as authorized in section 9.6.611 of this part. (Ord. 94-180; Ord. 96-99; Ord. 01-42)
Whenever abatement proceedings are commenced by the filing of a notice and order by the Code Enforcement Administrator, Zoning Administrator or Chief of Police the notice and order shall:
A. Be in writing.
B. Be personally served whenever feasible on the owner, or agent of the owner, other persons with an interest in the property, and/or occupant of the premises, as applicable. When personal service is not feasible, the notice and order must either be posted conspicuously at the premises or mailed to the last known address of the person by certified mail, return receipt requested.
C. Describe with particularity the asserted violation existing on the premises or property which gives rise to the issuance of the notice and order.
D. Specify the period within which the violation must be abated or otherwise corrected.
E. Inform the property owner that the graffiti may be removed at City expense if the property owner is willing to sign a consent to enter and release form.
F. State that an appeal is available to the Municipal Court Referee provided that a written application is made within ten (10) days of service or posting or receipt of the notice and order. (Ord. 94-180; Ord. 96-99; Ord. 01-42; Ord. 03-17; Ord. 04-280)
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