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This section 8.04.150 shall be known and may be cited as the WARR ACRES GRAFFITI ERADICATION ORDINANCE. (Ord. 1041 §1, 2007)
The council of Warr Acres hereby makes the following findings:
A. That unsightly graffiti on public and private property within the city is detrimental to the beauty of our community;
B. That graffiti on public and private property within the city is often related to criminal street gang activity, with graffiti being used to convey information to gang members and mark gang territory;
C. That gang related graffiti often provides a catalyst for gang related criminal violence within the city;
D. That gang related graffiti constitutes a growing blight on and a substantial detriment to the health and safety of the residents of our community; and
E. That by reason of the foregoing findings, graffiti constitutes a public nuisance to our community. (Ord. 1041 §1, 2007)
The purpose of this section 8.04.150 is to provide for the prevention and removal of graffiti within the city. The intent of the council is to prevent and remove a public nuisance that is a growing blight on and a substantial detriment to the health, safety and general welfare of our community and its inhabitants. (Ord. 1041 §1, 2007)
For the purpose of this section 8.04.150 the following words, terms and phrases shall have the meanings indicated:
ADVERTISING: Any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or occupant of the property, or an agent of such owner or occupant, for the purpose of promoting products or services or conveying information to the public.
APPLIES GRAFFITI, APPLY GRAFFITI OR APPLYING GRAFFITI: The act of drawing, painting, chiseling, scratching or etching graffiti on public or private property within the city.
GRAFFITI: Without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, however, that this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, an occupant of the property, or by an authorized agent for such owner or occupant.
MAYOR: The mayor or the building inspector or their designee.
OCCUPANT: Any person shown by the records of the county clerk's office as a tenant of property, or any person in actual physical possession of property.
OWNER: Any person shown by the records of the county clerk's office as the owner of a fee simple interest in property.
REMOVAL, REMOVE, OR REMOVED: When used in relation to the eradication of graffiti, means the act of taking graffiti off of, or masking the presence of graffiti on, a rock, tree, wall, bridge, fence, gate, building or other structure. (Ord. 1041 §1, 2007)
The council hereby declares that graffiti on public or private property within the city constitutes a public nuisance to the detriment of the city and its inhabitants and visitors. The provisions for prevention and removal of such public nuisance are set forth in section 8.04.030 of this chapter. (Ord. 1041 §1, 2007)
No person shall apply graffiti to public or private property within the city. Any person who applies graffiti to public or private property within the city shall be deemed guilty of an offense. Each act of applying graffiti shall constitute a separate offense.
Any person convicted of the offense of applying graffiti to public or private property within the city shall be punished by a fine not to exceed five hundred dollars ($500.00), excluding costs. The provisions of this section shall be enforced by the police department. (Ord. 1041 §1, 2007)
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