(A) Purpose. The purpose of this section is to prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property thereby limiting its adverse impact on neighborhoods.
(B) Findings. The City Council makes the following findings regarding the need to promptly remove graffiti from private and public property.
(1) Graffiti constitutes a form of vandalism defacing public and private property without the permission of the owner, and causing citizens, businesses and the city to incur the cost of repair and removal.
(2) Graffiti is a visual symbol of disorder eroding public safety, contributing to a downward spiral of blight and decay, lessening property values, business viability and ultimately tax revenues and, as such, is inconsistent with the city’s property maintenance goals and aesthetic standards.
(3) There is substantial evidence that prompt eradication of graffiti is an effective prevention strategy which discourages its return while failure to promptly remove graffiti increases the likelihood that more graffiti will occur on the same site and on other nearby property.
(4) The failure to maintain one’s property by removing graffiti which has been declared by the city to constitute a public nuisance within a reasonable period of time is injurious to the public health, safety, morals and general welfare of the residents of the city.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Any 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 a permanent structure, fixture or object, including, but not limited to, buildings, walls, fences, bridges, benches, shelters, sidewalks, hydrants, fountains, pavement, curbs, trees, rocks, signs, utility poles or boxes situated on public or private property by any graffiti implement, to the extent that the inscription, word, figure, painting or other defacement was not authorized in advance by the responsible party for the property or, despite advance authorization, is otherwise deemed a public nuisance by the City Administrator or the designee thereof.
GRAFFITI IMPLEMENT. Paint, aerosol or pressurized containers of paint, indelible broad-tipped markers, paint sticks, etching equipment or any other devices capable of scarring or leaving a visible mark on any natural or human-made surface.
PUBLIC NUISANCE. Real property within the city containing a condition that defaces it or any permanent structure, fixture or object situated thereon which in turn causes or tends to cause depreciation in the enjoyment and use, or in the value of the property in its immediate vicinity or which has the potential to unreasonably annoy, injure or endanger the safety, health, morals or general welfare of ordinary and reasonable members of the public.
RESPONSIBLE PARTY. An owner, legal occupant or an entity or person acting as an agent for an owner by agreement, who has authority over the real property or is responsible for the property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, each property owner shall always be a RESPONSIBLE PARTY for the purposes of this section. There may be more than one RESPONSIBLE PARTY for a particular property.
(D) Graffiti vandalism.
(1) It shall be unlawful for any person to intentionally place or apply, or attempt to place or apply, graffiti on any surface of a permanent structure, fixture or object located on public or private real property within the city without the advance authorization of a responsible party for the property.
(2) It shall be unlawful for any person to possess any graffiti implement with the intent to use the same to place or apply graffiti on any public or private real property within the city or any surface of a permanent structure, fixture or object located thereon.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99