(A) Purpose. The purpose of this section is to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The City Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners and the public. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the city. The City Council intends, through adoption of this section, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Any unauthorized 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 by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or despite advance authorization is otherwise deemed a public nuisance by the City Council.
GRAFFITI MATERIALS.
(a) AEROSOL PAINT CONTAINER. Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
(b) 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 of an inch, containing ink or other pigmented liquid that is not water soluble.
(c) ETCHING EQUIPMENT. Any tool, device or substance that can be used to make permanent marks on any natural or man-made surface.
(d) GRAFFITI IMPLEMENT. An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
(e) PAINT STICK or GRAFFITI STICK. A device containing a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-fourth of an inch in width.
PERSON. Any individual, partnership, cooperative association, private corporations, personal representative, receiver, trustee, assignee, or any other legal entity.
(C) Prohibited acts.
(1) It shall be unlawful for any person to intentionally place graffiti on any exterior surface located on public or private property.
(2) It shall be unlawful for any person to possess graffiti materials for the purpose of placing graffiti on any exterior surface located on public or private property.
(D) Graffiti as a nuisance.
(1) The existence of graffiti on public or private property in violation of this section is expressly declared to be a public nuisance and a public health and safety hazard and, therefore, is subject to the removal and abatement provisions specified herein.
(2) It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property free of graffiti.
(E) Removal of graffiti.
(1) Removal by applier. Any person applying graffiti on public or private property shall remove the graffiti within 24 hours after notice by the city or private owner of the property involved. This removal must be done in a manner prescribed by the City Administrator, Chief of Police, Public Works Director or their designees. Any person applying graffiti is responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal will constitute an additional violation of this section. Where graffiti is applied by a person under 18 years of age, the parent or legal guardian of such person will also be responsible for such removal or for the payment for the removal.
(2) Removal by city or owner. If the applier fails to remove the graffiti within 7 days after notice is given as provided in division (E)(1), the city may order that the graffiti be removed by the property owner or any person who may be in possession or who has the right to possess such property.
(a) The City Administrator shall send a letter to the property owner by certified mail informing the property owner of the graffiti and directing the property owner to remove the graffiti within 7 days or such additional time as may reasonably be required due to weather conditions and other relevant factors. The police department shall verify that the graffiti has, in fact, been removed.
(b) If the police department finds that the graffiti has not been removed within the time allotted, the department shall contact the City Administrator who shall schedule a public hearing. The City Clerk shall notify the affected property owner of the hearing date, the preliminary finding that graffiti exists on the owner’s property and that the Council may after the hearing order the removal of the graffiti by either the property owner or the city’s Department of Public Works, and, if said department is required to remove the graffiti, that the costs will be assessed against the owner’s property.
(c) At a hearing before the Council, the Council shall receive evidence from the police department and from any other persons with knowledge as to the existence of graffiti. The property owner shall be entitled to be heard on all matters relating to the graffiti and the process of removal. The existence of graffiti must be proven by a preponderance of the evidence.
(d) If the Council finds graffiti exists, the Council shall notify the Department of Public Works and direct its removal. The Department of Public Works may authorize private contractors to handle graffiti removal.
(F) Costs to be assessed.
(1) In the event the city removes and/or abates the graffiti, an accurate record of the costs incurred therein shall be kept by the Department of Public Works and reported to the Department of Finance. The total cost of the removal or abatement, including the administrative costs incurred by the Department of Finance in processing the abatement and costs incurred by the police department in investigating the graffiti, shall be considered a tax on real property which may be assessed against the affected property and collected as provided in M.S. § 429.101, as it may be amended from time to time.
(2) In the event the person or persons responsible for the graffiti are convicted and the court orders the offender(s) to pay restitution for the cost of the clean up, and either the city or a private property owner has expended funds to clean up the graffiti, the restitution shall be directed to either the city or the private property owner as reimbursement for the cost of the clean up.
(G) Penalty. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to law.
(Ord. 599, passed 8-23-2010) Penalty, see § 10.99