A. Purpose And Intent: The council is enacting this section to help prevent the spread of graffiti vandalism and to establish a program for the reduction of graffiti and the removal of graffiti from public and private property, as authorized under Nevada Revised Statutes 268.4075 through 268.4085. (Ord. 395, 1-22-2008, eff. 2-14-2008)
B. Definitions: As used in this section, unless the context otherwise requires, the words and terms defined in this subsection have the meanings ascribed to them as follows:
BROAD TIPPED INDELIBLE MARKER OR MARKER: Any felt tipped marker or similar implement which contains a fluid which is not soluble in water, with a tip which, at its broadest width, is greater than one-fourth inch (1/4").
GRAFFITI: Any unauthorized inscription, insignia, symbol, word, figure, character or design that is written, etched, sketched, marked, drawn, sprayed or painted on a building, fence, wall, rock, bridge, gate, tree, landscaping, other structure, or any other public or private property.
GRAFFITI IMPLEMENTS: Any broad tipped indelible marker, aerosol paint container, gum label, paint stick, etching equipment, brush, adhesive label, engraving device or any other device capable of leaving a visible mark on a natural or manmade surface.
GUM LABEL: Any material such as, but not limited to, decals, stickers, posters or labels which contain a substance commonly known as adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts.
MINOR: A person under eighteen (18) years of age.
PAINT STICK: A device containing a solid form of paint, chalk, wax, epoxy or other similar nonwater soluble substance, which is capable of being applied to a surface by pressure, and upon application, can leave a mark of at least one-fourth inch (1/4") in width.
RESPONSIBLE ADULT: A parent or legal guardian or person having custody and control of a minor.
C. Unlawful To Place Graffiti On Public Or Private Property: It is unlawful for any person to apply graffiti to any wall, sign, rock, street, sidewalk, tree, bridge, building, fence, gate, other structure, other real or personal property, either publicly or privately owned, without the permission of the owner or operator of such property.
D. Unlawful For Minor To Possess Graffiti Implements; Exception: It is unlawful for any minor to possess graffiti implements, unless:
1. A responsible adult has first consented; or
2. Possession is necessary for school related purposes on property used by a school, school district, community college or university.
E. Unlawful For Adults Or Minor To Possess Graffiti Implements With Intent To Place Graffiti On Public Or Private Property: It is unlawful for any adult or minor to possess graffiti implements with the intent to place graffiti on public or private property while in, upon or in close proximity to such property, unless authorized by the owner or operator of such property.
F. Rebuttable Presumption Of No Responsible Adult Permission: There shall be a rebuttable presumption that a person under the age of eighteen (18) years old who is in possession of an aerosol container of spray paint, broad tipped indelible marker or paint stick does not have the permission of any responsible adult.
G. Unlawful To Sell Or Otherwise Furnish Graffiti Materials To Minor; Exception: It is unlawful for any person, other than the minor's responsible adult or school teacher to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement without the consent of the minor's responsible adult.
H. Retail Display And Storage Of Graffiti Implements:
1. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad tipped indelible markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.
2. In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks or broad tipped indelible markers in an area as provided in subsection H1 of this section, the establishment shall store the containers, sticks, and markers in an area not accessible to the public without employee assistance.
I. Criminal Penalties; Administrative Assessment; Parental Liability For Fine, Administrative Assessment And Restitution:
1. A person who violates a provision of this section is guilty of a misdemeanor and shall be punished as provided in section 1-4-1 of this code.
2. If a defendant pleads or is found guilty of violating subsection C of this section (unlawfully applying graffiti), the court shall include an administrative assessment of two hundred fifty dollars ($250.00) for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the finance department on or before the fifth day of each month for credit to the graffiti reward and abatement fund.
3. In case of a minor violating subsection C of this section (unlawfully applying graffiti), or subsection E of this section (unlawful possession of graffiti implements), each responsible adult shall be jointly and severally liable with the minor for payment of all fines and administrative assessments.
4. In accordance with Nevada Revised Statutes section 206.330, the court may also suspend the driver's license of an adult violating subsection C or E of this section.
5. In addition to any punishment specified in this subsection, the court shall order any violator of subsection C of this section to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, each responsible adult is jointly and severally liable with the minor to make the restitution.
6. In lieu of, or as part of, the penalties specified in this subsection, a minor or responsible adult may be required to perform community service as determined by the court consistent with Nevada Revised Statutes section 206.330.
J. Civil Liability; Liability Of Responsible Adult:
1. Any person who violates subsection C of this section by unlawfully applying graffiti is liable civilly to the property owner or other person whose property is damaged thereby.
2. Any act of a minor which results in the unlawful placement of graffiti is hereby imputed to that minor's responsible adult for purposes of civil liability, including, but not limited to, civil damages, costs and attorney fees incurred in connection with the civil prosecution of any such claim. The responsible adult shall be jointly and severally liable with the minor for all civil damages, costs and attorney fees. Such obligations shall be enforceable as a civil debt.
3. If restitution is being paid to the victim of graffiti pursuant to an order of a court, no civil action may be commenced pursuant to this subsection. If restitution ceases to be paid in compliance with the order, a civil action may be commenced and prosecuted.
4. Any civil damages awardable pursuant to this subsection shall be reduced by the amount of any restitution paid to the victim.
5. This subsection in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to any other provision of law.
K. City As Victim Of Graffiti: If graffiti is applied to any city property, or property facing or bordering any city street, road or alleyway, and such graffiti is removed, covered or cleaned at city expense, the city is deemed to be the victim of graffiti and suffers damage for the purpose of a civil action brought under this section.
L. Reward For Information Leading To Arrest Of Perpetrator:
1. If sufficient money is available in the graffiti reward and abatement fund, the police department may offer a reward not to exceed one thousand dollars ($1,000.00) to any person who provides information which leads to the arrest and conviction of any person who unlawfully applies graffiti to any public or private property.
2. Application for a reward pursuant to this subsection must be made to the chief of police. At the direction of the city council, the reward shall be paid by the finance department to a qualifying person from the graffiti reward and abatement fund. (Ord. 333, 1-10-2006; amd. Ord. 395, 1-22-2008, eff. 2-14-2008)
M. Declaration Of Nuisance:
1. Graffiti A Nuisance: The city council hereby declares and finds graffiti to be a nuisance subject to abatement according to the procedures herein contained.
2. Graffiti Attracting Surface A Nuisance: The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is hereby deemed to be a nuisance, and may be abated by city requiring modifications thereto. Such modifications may include, but are not limited to: retrofitting of such surfaces at the expense of the property owner(s) of said lot, not to exceed a total cost of five hundred dollars ($500.00), or at the cost of the city at the city's option, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.
N. Removal Provisions:
1. Removal Of Graffiti By Perpetrator: Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty four (24) hours after notice by the city or private owner of the property involved. Any person applying graffiti shall be responsible for the removal or for the payment of such removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this section. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal.
2. Removal Of Graffiti By Property Owner Or City: If graffiti is not removed by the perpetrator according to this subsection, graffiti shall be removed pursuant to the following provisions:
a. Property Owner Responsibility: It is unlawful for any person who is the owner or has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of seventy two (72) hours after service by first class mail of notice of the defacement. That notice shall contain the following information:
(1) The street address and legal description of the property sufficient for identification of the property;
(2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding;
(3) A statement that the graffiti must be removed within seventy two (72) hours after the date of the notice and that if the graffiti is not abated within that time, the city will declare the property to be a public nuisance; and
(4) An information sheet identifying any graffiti removal assistance programs and funds available through the city and private graffiti removal contractors.
b. Right Of City To Remove:
(1) Use Of Public Funds: Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or private place open to the public, the City shall be authorized to use graffiti or other public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the City Manager or designee determines, in writing, that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repairing the more extensive area.
(2) Right Of Entry On Private Property: Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this subsection, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this subsection, the City shall issue a citation for violation of this subsection.
3. Enforcement:
a. The Police Department shall investigate and pursue potential graffiti vandals as a crime against property.
b. The Code Enforcement Officer shall pursue the abatement of graffiti from private property as provided within this subsection.
4. Recovery Of Unpaid Costs Of Abatement: Any unpaid sum of money against the property or owner accrued in abating or removing "nuisances", as provided in this subsection, is a claim against the property and may be recovered in an action in any court of competent jurisdiction. The amount recovered shall be disbursed to pay the expenses of abating or removing the nuisance and court costs. (Ord. 395, 1-22-2008, eff. 2-14-2008)