The Town Council hereby declares graffiti, as defined herein, to be a nuisance by undermining the quality of urban attractiveness and the aesthetic appearance of the town, the protection of property values, the preservation of the livability and attractiveness of neighborhoods and the promotion of opportunities for economic development of the town. In addition, the Town Council finds that the graffiti is frequently a means of communication by street gangs engaging in unlawful activity and is thereby injurious to the public welfare and safety.
(A) 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 public or private property, natural or human-made and that is exposed to public view, without the prior written consent of the property owner delivered to the person placing the graffiti on the property. GRAFFITI does not include temporary, easily removable chalk or other water-soluble makings on public or private sidewalks, streets, natural surfaces or other paved or cemented surfaces which are used in connection with traditional children’s activities such as drawings of bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it include similar easily removable markings used in connection with any lawful business activity or public purpose.
GRAFFITI IMPLEMENT. Any aerosol paint container, broad tipped marker, stick on label, paint stick, paint, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or human-made surface.
PERPETRATOR OF GRAFFITI. Any person or persons who unlawfully place graffiti upon any public or private property.
PRIVATE PROPERTY. Any privately owned real property located within the town’s jurisdiction, including any fixtures or improvements to the property and any personal property located on the real property which is exposed to the view of the public.
PROPERTY OWNER. The record owner of private or public property, the owner’s manager or agent, or any other person or entity in lawful control or possession of the property.
PUBLIC PROPERTY. Any publicly owned real property located within the town’s jurisdiction whether owned by the town, the county, the state, the United States Government or any other public entity, including any fixtures or improvements to the property and any personal property located on the real property which is exposed to the view of the public.
REMOVAL OF GRAFFITI. The use of any method that has the effect of obscuring, erasing or otherwise removing the graffiti from public view.
(B) Placing graffiti unlawful. It shall be unlawful for any person to place graffiti upon any public or private property.
(C) Failure to remove graffiti unlawful. It shall be unlawful for any property owner or perpetrator of graffiti to fail to remove, or fail to cause the removal of graffiti in accordance herewith. No property owner shall be penalized when the property owner meets the time requirements hereof by either removing the graffiti or authorizing the town to do so.
(D) Possession of graffiti implement by minor unlawful. It shall be unlawful for any person under the age of 18 to possess any graffiti implement upon any public or private property of which they are not a resident or guest or customer, unless the person can establish to the reasonable satisfaction of the police that the possession of the implement was part of a school project, home project or some other lawful activity.
(E) Procedures for removal of graffiti.
(1) By the perpetrator. Within 15 days after a perpetrator of graffiti places graffiti upon public or private property or within five days after the perpetrator receives written notice from the town by registered or certified mail, return receipt requested, or by personal service requesting removal of the graffiti, whichever event occurs earlier, the perpetrator of graffiti shall remove or cause the graffiti to be removed. The removal shall be at the sole expense of the perpetrator of graffiti and the graffiti shall be removed to the extent necessary to restore the area where the graffiti is removed to the area’s original condition (i.e., exact color, textures and the like). In the event the town or the property owner remove graffiti from public or private properly, the perpetrator of graffiti shall be liable in the nature of a debt to the party removing the graffiti for the actual cost of the removal including reasonable administrative and labor costs. If the graffiti is applied by a person under the age of 18, the parents or legal guardians of the minor shall be responsible for any and all obligations and may receive notice as if they were the perpetrator of graffiti, except that only the actual perpetrator of graffiti may be subject to a criminal misdemeanor for failure to comply with this division.
(2) By the property owner. Within 45 days after the property owner discovers the existence of graffiti on his or her property or within 30 days after the property owner receives the second of two written notices of the existence of graffiti on the owner’s property from the town by registered or certified mail, return receipt requested or by personal service, whichever event occurs earlier, the properly owner shall either remove the graffiti at the owner’s sole expense or authorize the town to remove the graffiti at the town’s expense by signing an authorization of removal on a form prescribed by the Town Manager.
(3) By authorization to the town. In the event the property owner authorizes the town to remove the graffiti at the town’s expense in accordance herewith, the town shall not be required to rectify any area defaced by the graffiti more extensively than where the graffiti itself is located and shall not be required to restore the area from where the graffiti is removed to the area’s original condition (i.e., exact color, textures and the like). Execution of the authorization form required hereby is a representation by the property owner that it agrees to completely release and hold harmless the town, its agents and assigns from any liability to the property owner on account of the town’s removal of the graffiti accordance with the removal method specified in the authorization of removal and for any unintentional damage caused by the town, its agents or assigns during their entry upon the property. Additionally, the execution of the authorization form is a representation by the property owner that the method specified in the authorization of removal is acceptable to the owner and that any damage caused to the owner’s property or property value thereby is expected and agreed to by the owner.
(4) On town owned property. Graffiti shall be removed by the town from all town owned property within 30 days of its discovery. The removal shall be at the town’s expense and subject to the direction and control of the Town Manager.
(F) Emergency removal. If the town determines that any graffiti is an imminent danger to the health, safety or welfare of the public, the town may remove or cause the graffiti to be removed or obscured at its expense either after providing personal service of a notice describing the danger to the property owner; or after failing to provide notice by personal service on at least two occasions, and upon 48 hours following the mailing of the notice by certified and first class mail or the posting of the notice in a conspicuous place on the property.
(G) Appeals.
(1) Any property owner or perpetrator of graffiti who receives a notice to remove graffiti may appeal the notice within five business days of receipt of notice to the Town Manager. The appeal shall be in writing and shall state with specificity the reasons for the appeal (“appeal notice”). The manager or designee shall set a hearing date within ten days of receipt of the appeal notice, and shall render a decision within a reasonable time after the hearing date.
(2) If, on appeal, the manager or designee determines that the graffiti is a public nuisance and must be removed, the manager shall establish a new date for the removal or obscuring.
(Ord. passed 6-12-2007) Penalty, see § 130.99