Sec. 87.00. Purpose and intent.
Sec. 87.01. Definitions.
Sec. 87.02. Prohibited acts.
Sec. 87.03. Accessibility to graffiti implements.
Sec. 87.04. Penalties.
Sec. 87.05. Rewards and reimbursements for information.
Sec. 87.06. Graffiti as nuisance.
Sec. 87.07. Removal of graffiti by perpetrator.
Sec. 87.08. Removal of graffiti by property owner or Town.
Sec. 87.09. Ease of removal provisions.
Sec. 87.10. Prevention provisions.
Sec. 87.11. [Reserved.]
Sec. 87.12. Severability.
* Editor's note— An ordinance adopted July 5, 2005, enacted provisions to be designated as Art. 84.300, §§ 84.300—84.312. In order to maintain the numeric style of the Code, said provisions have been redesignated as Ch. 87, §§ 87.00—87.12 by the editor. Original numbering has been maintained in the history notes following each section.
The Town of Knightdale enacts this chapter after several public hearings to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council is authorized to enact this chapter pursuant to its police powers, as specified in the Town Charter and Chapter 160A of the North Carolina General Statutes.
The Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless the Town 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 Town.
The Town Council intends, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The Council does not intend for this chapter to conflict with any existing anti-graffiti federal or state laws and to the extent of any such conflict, the provisions of the federal or state shall control.
(Ord. of 7-5-05, § 84.300)
For purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Aerosol paint container means 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 means 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 (¼) of an inch, containing ink or other pigmented liquid that is not water soluble.
(c) Graffiti means 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 Town Council.
(d) Graffiti implement means an aerosol paint container, a broad-tipped marker or paint stick capable of scarring or leaving a visible mark on any natural or man-made surface.
(e) Minor shall mean a person who has not yet reached eighteen (18) years of age.
(f) Paint stick means any 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-eighth ( 1/8 ) of an inch in width.
(g) Persons means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(Ord. of 7-5-05, § 84.301)
(a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any Town-owned property or, without the permission of the owner or occupant, on any privately-owned property.
(b) Possession of graffiti implements.
(1) By minors at or near school facilities: It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property.
(2) In designated public places: It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the Town or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the Town.
(3) The provisions of this section shall not apply to the possession of graffiti implements by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that requires the possession of graffiti implements, nor to any person transporting graffiti implements while traveling to or from home or place of employment.
(Ord. of 7-5-05, § 84.302)
Loading...