(A) Application. Enforcement of the provisions of this section will be the responsibility of city code enforcement inspectors, city police officers and any other personnel designated by the City Manager.
(B) Definitions.
BROAD-TIPPED INDELIBLE MARKER. Any marker, or similar implement which contains a fluid which is not water soluble, or which leaves a permanent mark, and, which has a flat or angled writing surface, one-quarter inch or greater.
CORRECTIVE ACTION. An act, or taking the necessary measures required to remove or effectively obscure graffiti. This includes, but is not limited to, painting using a color of paint that is substantially similar to the color of the existing structure(s) containing the graffiti, washing, sandblasting or chemical treatments and does not include the blacking out of graffiti.
GRAFFITI. Any writing, drawing, painting, design, inscription, figure, or mark of any type on any structure, public or private, or any other property, real or personal, that has been made without consent of the owner, or tenant, or person in control of such property, or which is consistent with or commonly used to denote gang-related activity.
OWNER. Any and all person(s) with legal or equitable title to personal property or real property in the city as his or her (their) name(s) and address(es) is (are) shown upon the tax rolls of the city. This definition shall also include an owner's tenant, agent, manager, operator or other person in lawful possession or control of the property.
SUPERVISING ADULT. An individual 21 years of age or older, who has been given responsibility by the minor's parent or legal guardian or other lawful authority to supervise the minor and who is aware of the minor's possession of the aerosol container of spray paint or broad-tipped indelible marker.
(C) Graffiti prohibited.
(1) It shall be unlawful for any person to paint, write, draw, inscribe or otherwise create, graffiti, on any real or personal property within the city.
(2) It shall be unlawful for any person to carry or have in his or her possession, an aerosol spray can containing paint or any other opaque substance, capable of being propelled from its container, or possess a broad-tipped indelible marker, with the intent to violate the provisions of Subsection (1) hereof.
(3) It shall be unlawful for any person under the age of 18 years to carry or have in his or her possession an aerosol spray can containing paint or any other opaque substance, capable of being propelled from its container, or possess a broad-tipped indelible marker, while on any public property within the city except in the company of a parent, legal guardian or supervising adult.
(4) It shall be unlawful for any person under the age of 18 years to carry or have in his or her possession an aerosol spray can containing paint or any other opaque substance, capable of being propelled from its container, or possess a broad-tipped indelible marker, while on private property within the city unless the owners tenant, agent, manager, operator or other person in lawful possession or control of the property has consented to the minor's possession of same while on his or her property.
(5) Penalties.
(a) Fines; imprisonment. Any person convicted of violating any of the provisions of Subsections (1) through (4) inclusive, above, shall be punished by a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 60 days, or by both fine and imprisonment.
(b) Restitution. In addition to any punishment, the court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the defendant's offense in the amount or manner determined by the court. Where the defendant is a minor, the court may order the parent(s) or legal guardian(s) of the minor to make such restitution.
(c) It shall be unlawful for the owner, tenant, or person in control of any private real or personal property, including structures and improvements, to allow to exist on such property graffiti as defined in Subsection (b) above, or to fail to take corrective action or to otherwise permit graffiti to remain on its property or within the city, provided that the city has given the property owner or owner's tenant, agent, manager, operator or other person in lawful possession or control of the property written notice to take the corrective action within three calendar days from receipt, or publication or posting, of the notice. Each and every calendar day the graffiti remains on the property after the aforementioned three-day period shall constitute a separate violation.
(d) Violations of Subsection (c) may be prosecuted either before the city’s Special Magistrate for Code Enforcement pursuant to the provisions found in F.S. Chapter 162 and Chapter 37 of the city’s Code of Ordinances, or in the county court where convictions shall be punishable by a fine not exceeding $500.00 or imprisonment in the county jail for a term not exceeding 60 days, or by both fine and imprisonment.
(e) Should any person charged with a violation of Subsection (c) above fail to appear in the county court when required for any proceeding, or should the court have cause to issue a capias or other arrest warrant for any such defendant, the court may, in its discretion, after the presentation of evidence by the city, enter an order permitting the city to remove or otherwise obscure or abate the graffiti, utilizing a neutral color of paint selected by the city.
(f) For cases prosecuted in the county court in addition to the imposition of a fine and/or imprisonment the court may:
1. Order the defendant to take corrective action to remove the graffiti from the property.
2. Upon motion of the city, enter an order permitting the city to remove or otherwise obscure or abate the graffiti on the property utilizing a neutral color of paint, selected by the city.
3. Upon motion of the city, enter an order assessing costs for removal of the graffiti pursuant to Subsections (e) and (f)(2) above, against the defendant. Should defendant fail to make payment within the time period imposed by the court, a certified copy of the order assessing costs shall be recorded in the Public Records of Broward County resulting in the imposition of a lien against the subject property which shall accrue interest at the prevailing rate of interest for judgments. The lien shall not interfere with or prevent the exercise by the court of its power to punish for contempt for failure to pay the assessed costs, and shall be prior to all other liens on such property liened except for state, county, municipal or other governmental taxes.
(g) The provisions of Subsection (6) shall not apply to a property owner if, in the sole determination of the City Manager or his designee:
1. Such property owner has been victimized three or more times by graffiti within any calendar year; and
2. During such time the property owner has taken corrective action to remove such graffiti from the property in a timely manner in each instance; and
3. The removal of graffiti in the present case would cause a severe economic hardship to the property owner; and
4. The property owner gives the city written permission to enter the property to remove or otherwise obscure or abate the graffiti utilizing a neutral color of paint selected by the city, or paint provided by the property owner which is substantially similar in color to the existing structure containing the graffiti, at the discretion of the city.
(Ord. 98-45, passed 5-12-98; Am. Ord. 2011-38, passed 4-12-11)