(a) Purpose and Intent. It is the purpose and intent of this section to prevent graffiti and to promote its eradication and to prevent related vandalism, as they adversely affect property (both public and private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, buildings and/or any other structures or surfaces which contain graffiti or are subject to graffiti related vandalism. It is the further intent of this section to fight against blight, to preserve the value of property (both public and private) and to promote the security of the community.
(b) Definitions.
(1) Graffiti and Related Vandalism. Any unauthorized inscription, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, marked, painted, stained, stuck on or adhered to any surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, buildings, and/or any other structures or surfaces, regardless of the material of the component.
(2) Aerosol Paint Container. Any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in order to impel and/or propel any such substance.
(3) Markers. Any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or any similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which can not be easily and completely removed with water after said substance has dried; where the width of the marking is 1/16 (one- sixteenth) of l (one) inch or greater.
(4) Paint Stick. Any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark.
(5) Etchers. Any tool, device, and/or other mechanism including, but not limited to, any tool, device, and/or other mechanism commonly known as "glass etchers", "metal etchers", "cutting instrument", "drill bits" or any other instrument that can be applied by pressure or any other contact with any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface which can cause any markings commonly known as graffiti or related vandalism (as defined above in subsection (b)(1)).
(6) Gum Label. Any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known as an adhesive or glue, which can not be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps or labels.
(7) Graffiti Implements or Paraphernalia. Any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels; also including, but not limited to, tips (or nozzles) which can be applied to aerosol paint containers; any records of graffiti or related vandalism including, but not limited to, pictures, photographs, drawings, scrap books and/or other records depicting or illustrating any forms of graffiti or related vandalism (as described above in subsection (b)(1)).
(8) Supplier. Any person(s) or entity such as, but not limited to, any business, company, co-op, corporation, enterprise, manufacturer, organization, partnership, proprietor, retail or wholesale store or outlet which sells, trades, donates, gives or requisitions to the public in any capacity whatsoever, any graffiti implements.
(9) Paint Balloon. Any canister, can, container, bottle or other receptacle including, but not limited to, anything commonly known as a balloon or other receptacle made of any material such as, but not limited to, latex, plastic, rubber, paper, glass or other material which contains any substance commonly known as paint, stain, dye or any other pigmented substance intended for the purpose of defacing any property, public or private, upon impact or contact of any surface including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, buildings and/or any other structures or surfaces regardless of the material of the component.
(10) Stamp or Stamping Device. Any tool, device or implement which can cause upon impact or contact any mark (described above as graffiti or related vandalism in subsection (b)(1) by means of ink, paint, stain or any other substance or material including, but not limited to, any device commonly known as a rubber stamp or similar device (whether manufactured, hand made or devised).
(c) Prohibition of Graffiti and Related Vandalism.
(1) It is unlawful for any person or group of persons to commit any overt act resulting in or attempting to result in the application of graffiti or the engaging in or attempting to engage in an act of related vandalism (as set forth above in subsection (b)(1)) including, but not limited to, any of the following acts:
A. Any act such as drawing, scribing, etching, marking, painting, staining, sticking on or adhering to any surface, public or private, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, buildings and/or any other structures or surfaces.
B. Any act of participation in applying graffti such as, but not limited to, conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an act of related vandalism, including, but not limited to, acting as a "look-out", regardless of the fact the "act" was not actually witnessed.
C. Any person who knowingly allows any acts of graffiti or related vandalism to occur on or to any property over which he or she has control as owner, tenant or possessor and who thereafter fails to promptly report such acts to the proper authorities is guilty of being a principal to the crime.
(2) It is unlawful for any person, business, company, or other entity which owns or otherwise controls any building, sign, pole, vehicle, trailer, trash receptacle, wall, parking lot, walkway or any other structure or real property to knowingly allow or permit any graffiti or related vandalism to be placed on, or to take place on, any such structure or property where the graffiti and/or results of the vandalism are visible from any public right of way.
(3) Graffiti and/or graffiti related vandalism which appears on property and/or structures where such graffiti or related vandalism is visible from a public right of way shall be deemed to be a public nuisance and shall be subject to abatement before the Eleanor Town Council.
(d) Possession of Graffiti Implements or Paraphernalia.
(1) It is unlawful for any person under the age of 18 years to possess any graffiti implement or paraphernalia with the intent of applying graffiti markings or engaging in related vandalism.
Exceptions:
A. Any minor enrolled in any education class which requires otherwise legal possession of any graffiti implement or paraphernalia provided the minor is carrying written verification of any such requirements including color(s), size(s), and quantity, and written consent from his or her parent or lawfully designated custodian dated and signed.
B. Any minor whose employment requires possession of any graffiti implement or paraphernalia provided minor is carrying written verification of any such job requirements including color(s), size(s), quantity, job information and purpose, and written consent from the employer dated and signed.
(2) It is unlawful for any unauthorized person to possess any graffiti implement or paraphernalia while in, on, at or about any public property, including, but not limited to, public parks, playgrounds, swimming pools, recreation facilities, schools, school district facilities, libraries, streets, alleyways, storm drains or any other publicly owned, operated and/or maintained facility.
(e) Prohibition of Furnishing of Graffiti Implements or Paraphernalia to a Minor. It is unlawful for any person, firm or corporation, other than the parent or lawfully designated custodian of the minor, to sell, loan, give, exchange or otherwise furnish any aerosol paint containers, paint sticks or etchers to any person under the age of 18 years for the purpose of marking on any publicly owned, operated and/or maintained facility, street or sidewalk.
(f) Penalties for Violation.
(1) A violation of this section is a misdemeanor or an infraction as hereinafter specified.
A. A violation when charged as a misdemeanor shall be punishable by a fine of up to one hundred dollars ($ 100.00) or up to six months in the Regional Jail, or both and/or community service. Payment of any fine or completion of a jail term shall not relieve a person from the responsibility of correcting the violation.
B. A violation for a first time offense, only, may be charged as a infraction and shall be punishable by a fine not exceeding one hundred dollars ($100.00). Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(2) As a part of any sentence imposed, the court may also order that restitution be paid to the victim by the admitted or convicted perpetrator and in the case of a perpetrator who is a minor by the minor's parent or lawfully designated guardian or custodian.
(g) Severability. If any portion, provision, section, paragraph, sentence, or word of this section is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this section shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the section.
(Ord. 05-04. Passed 4-21-05.)