Document 6433354

ORDINANCE NO 08 M 08
OF
ORDINANCE
AN
CITY
THE
COUNCIL
THE
OF
CITY
OF
TEXAS CONCERNING REGULATION OF GRAFFITI IN
FOR
ESTABLISHING
PENALTIES
SCHERTZ
CITY
OF
SCHERTZ
THE
VIOLATION AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS
because the
is
graffiti
problem impacts
the
WHEREAS
an
issue of
every part ofthe
City
City
Council of the
City
of Schertz
and
City
produces
the
to
graffiti encourages vandalism additional
blight and tends to reduce property values
finds that
Council
and other criminal activities
graffiti
concern
urban
and
City Council has determined that it is in the
establish a program through this Ordinance to discourage graffiti and
WHEREAS the
the
WHEREAS
City
consent of the owner of such
is
graffiti
a
public
and
punished
ii
actions for failure
health and
safety
property and
requiring property
graffiti
to
public
owners
from
placing graffiti
on
any
carrying graffiti implements
nuisance and contributes
to remove
i
Council finds that
best interests ofthe
to
property without the
with intent to engage in
discouraged and
nuisances and should be
to remove
private
City
graffiti and providing enforcement
property is in the best interest of the
public
s
NOW THEREFORE
BE IT ORDANIED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
TEXAS
DEFINITIONS
SECTION I
For purposes ofthis Ordinance the
Graffiti
A
that is marked
design
visible
from
public
a
following
definitions shall
apply
any unauthorized inscription word letter figure symbol or
etched scratched drawn or painted on any exterior structure surface
place public right of way or private buildings structures or other
means
upon any other property regardless of its content
nature ofthe material ofthe structural component or property
facilities
or
Graffiti implement
B
marker
glass
or
paint
metal
structure
or
stick
concrete
or
means
engraving
vinyl
or
stucco
any aerosol
tool
etching
wood
or
paint
or
nature and
container
capable of scarring
any other
paint
or
regardless
of the
ball gun felt
tip
otherwise
surface attached to
or
defacing
covering a
building
C
Guardian
means
any person to whom
court order
Graffiti Ordinance doc
1
custody of a minor
has been
given by
a
marker
D
Felt
E
Paint stick
tip
means an
indelible marker
or
implement
similar
with any size
tip
paint chalk
wax
epoxy
graffiti
or
or
Parent
used herein
means
other similar substances
pressure and upon application leaving
F
stick
a
care
and
or
adoptive parent of a person
person who is the natural
shall also include a court appointed guardian or other person eighteen
custody
of
joint
or any person
control
of such property
actual
owner or
Authorization
with other
authority
by
a
court
order
A
or
by
18
appointed guardian
court
person
to
or
any
legal
equitable owner
lawfully occupying
or
the person
tenant in
or
any
agent
means
oflaw
common
or
tenant in
employee
with the
regulation
specific
or
of any ofthe
consent
foregoing
written
or
oral of the property
ordinance
GRAFFITI AND GRAFFITI IMPLEMENTS
SECTION II
indent
a
or
As
partnership joint tenant or tenant by
or
individual corporation association or partnership in apparent
owner
entirety
H
solid form of
to a surface by
a
means a
limited
and any person
it any part owner
the
capable of being applied
Property owner includes but is not
having a possessor s right to land or a building
G
containing
visible mark
parent
or
older authorized by the parent
years of age
to have the
any device
OFFENSES
write or mark cut print stamp
It shall be unlawful for any person to deface
on public or privately owned buildings
display any word sentence symbol or figure
within
the
located
City without authorization of the property
structures or
places
permanent
owner
possession for the
park public school ground
purpose of defacing property
recreational facility any public right of way
public playground public swimming pool public
The graffiti implement shall be presumed to be for the
or other
public grounds in the City
of any such
structures or places if the person in possession
purpose of defacing such buildings
It shall be unlawful for any person to have in his
any graffiti implement in any public
B
implements
property
is
observed by
an
officer
or
employee
of the
or
her
City engaging
in such
defacing
of
possession for the
The graffiti implement shall be presumed
purpose of defacing property any graffiti implement
if it is in the holder s possession while the holder is on
to be for the purpose of defacing property
without permission from the property owner or a legal
private property closed to the public
C
It shall be unlawful for any person
agent of the property
D
age to
violate
to
have in his
or
her
owner
It shall be
an
offense for the parent
or
legal guardian
of a minor under 17 years of
or with criminal negligence allow such child
intentionally knowingly recklessly
the provisions in Section IIA B or C above
Graffiti Ordinance doc
2
to
It shall be
E
an
if the person uses any graffiti
school
civic or religious activity or
in connection with a
owner or legal agent of the property owner of the
affirmative defense
to
employment or
has written permission from the property
premises to engage in an authorized activity utilizing
implement
in his
or
her
prosecution
the
implements
OFFENSES
FAILURE TO REMOVE GRAFFITI
SECTION III
It shall be unlawful for any property owner to fail to abate or cause the abatement
of graffiti from his or her property after receiving written notice as provided in Section VI ofthis
Ordinance of such nuisance and being given a reasonable opportunity to effect the abatement as
A
in Section VI ofthis Ordinance
provided
is
a
commercial property that is
governments
or
owner
not
This Section shall not
C
local
apply to property that is residential
occupied by an ongoing business
This Section shall
B
apply
to
property
railroads if they have in effect
a
or
structures owned
City approved graffiti
by
occupied
federal
abatement
or
that
state
or
plan
PENAL TIES
SECTION IV
Violation of any of the provisions of Section IIA B C or 0 of this Ordinance
shall be a misdemeanor offense and shall be punished by a fine of not less than two hundred
500 00 for the first offense and a fme of not less
dollars
200 00 nor more than five hundred
500 00 for the second
400 00 nor more than five hundred dollars
than four hundred dollars
A
and each
subsequent offense
Violation of any other
B
punishable by
of competent jurisdiction
and shall be
a
fine
or
provision
of this Ordinance shall be
any other such
punishment
The court shall have the discretion to
C
provide
as
a
misdemeanor offense
may be determined
other
means
of
by
a
court
punishment
for
violation of any provision of this Ordinance which may include community service In setting
due hereunder consideration will be given to the costs incurred by the property owner
penalties
to remove
the
graffiti
offender In all
by
cases
prominence of the graffiti and past history of the
of graffiti at the offender s expense shall be considered
the amount and visual
requiring
removal
the court
FUTURE ACTIONS
SECTION V
A
graffiti problem
1
2
agrees that it may consider future
including the following
The
City
coordination ofvolunteer
preparation
Graffiti Ordinance doc
organizations
which assist in
of a directory of contractors who
3
measures
remove
aimed at
remedying
graffiti removal
graffiti for
a
fee
the
of information
publication
3
materials for
where and how to obtain free
on
probationer restitution
community based organizations for graffiti removal
of information
provision
5
provision
6
establishment ofa
on
of information about
paint
graffiti abatement
groups
the purpose of removing
graffiti
or
individuals may obtain
paint and materials for
potential
donors to contribute
and other
8
establishment of a reward program for information
The
promptly
from
encouraged
graffiti from
to
use
their
A
C
reasonable
properties
property
graffiti
as soon as
to
The
use
City
its
on
from the
exempted
measures
owner
of
vandals
budgetary decisions are made but
competing needs for public funding
City owned property
discourage placement
shrubbery
business owners and homeowners
to
concerning graffiti
as
shall make reasonable efforts and
graffiti
remove
and
City
to
of Public Works from
s
encouragement of local businesses
resources to the paint bank and
B
available
programs
7
These programs will be considered in the future
decision shall be made after weighing the various
serVIces
Department
City
bank within the
community based
which
and
removal
graffiti
4
tools
paint
reasonable available
will also consider
buildings
provisions
prevent graffiti
on
the final
resources
use
and structures
to
of lighting
Similarly
of this Ordinance will be
their
properties
and
to
remove
possible
who demonstrates
to
the Chief of Police
or
other
City employee
graffiti may be
subjected
designated by the City Manager
on
The
the property
provided slJfficient paint material if available to cover the graffiti
materials will typically be from donated sources or bulk purchases and the paint may not match
the existing background surface color The property owner shall have ten 10 calendar days
following receipt of the materials to abate the graffiti
that his
or
her structure has been
to
NOTICES
SECTION VI
City employee designated by the City Manager has
placed upon any property subject to this Ordinance
graffiti
probable cause
the Chief of Police or other City employee designated by the City Manager shall notify the
VII below shall
property owner in writing ofthe presence ofthe nuisance and subject to Section
owner
to
abate
nuisance
provide a ten 10 calendar day period for the
Whenever the Chief of Police
to believe
SECTION VII
A
availability
or
other
has been
HARDSHIPS
Each notice
given
under
Section VI
of the relief under this Section
Graffiti Ordinance doc
of this Ordinance shall
Applications
4
advise of the
for relief under this Section shall be
the Chief ofPolice or other City employee designated by the City Manager on such
form and with such proofs of ownership repeated occurrences of graffiti and related factors as
whether the applicant is entitled to assistance within ten 10 days
may be required to determine
submitted
to
following
the date the
The Chief of Police
B
at
the
City mails or delivers
City
s
discretion
the
cause
or
other
the notice under Section VI
City employee designated by
abated
to be
graffiti
by
the
the
City Manager may
property
without cost to the
City
if the property owner demonstrates that the property for which notice of graffiti has been
issued has been the subject of at least two 2 prior graffiti incidents evidenced by either notices
provided pursuant to this Ordinance or bona fide police reports during the preceding 180 days
owner
that the property owner complied with the requirements of this Ordinance by abating the prior
and that the
graffiti within ten 10 days after the date of the applicable notice or police report
City
has abated the property
no more
than twice in
Relief under this Section is
C
a
entirely discretionary
ABATEMENT BY CITY
SECTION VIII
calendar year
on
PAYMENT
the part of the
City
OF COSTS BY OWNER
IMPOSITION OF LIEN
If
A
abatement and
property
a
or
fails to
owner
respond
fails
to
abate
a
graffiti
nuisance
to the notice of the nuisance
during
the time allowed for
the Chief of Police
or
other
employee designated by the City Manager may order abatement ofthe nuisance to be done
available
property owner s expense This remedy shall be in addition to any other remedy
City Manager
nuisance
by the Chief of Police or other City employee designated by
graffiti nuisance may enter onto private property to examine such
information to identify such nuisance and to remove or direct the removal of
Persons authorized
B
the
City
at the
to abate the
to obtain
such nuisance
C
Whenever the
Chief of Police
or
other
using City employees
D
The
City
shall abate
a
graffiti
City employee designated by
or selecting a
private
and materials
City shall
assess
to the
property
provided by this Section the
City Manager shall have the option of
nuisance
the
as
contractor to abate the nuisance
charge for all work done to
hundred fifty dollars
150 00
owner a
abate the
and shall
administrative expense of one
incurred
assessed
on
the
which
such
is
cause the
property upon
expense
expense thereof to be
All revenue collected shall be deposited in a separate account in the City dedicated to graffiti
graffiti nuisance plus
an
abatement
E
A statement ofthe costs incurred
by
the
City to
abate the
graffiti
nuisance shall be
to the property owner if the property owner and mailing address are known and if not
known may be published in a newspaper of general circulation in the City The statement shall
demand payment within thirty 30 days after the date of receipt or publication of such notice
mailed
F
If such statement has not been
City employee designated by
Graffiti Ordinance doc
the
paid within
City Manager
5
may file
such
a
period the City Manager
or
other
statement of expenses incurred with
Clerk of the county in which the property is located stating the owner s name if
known and the legal description of the lot or parcel The statement of expenses or a certified
of the expenses incurred Such statement shall
copy of the statement shall be prima facie proof
the
County
expenditures made and interest accruing at the rate of te
the City To the extent
per annum on the amount due from the date incurred by
percent 10
and
liens
for
street improvements
liens
shall
be
inferior
to
tax
liens
only
permitted by law such
To the extent permitted by law the City may foreclose such liens in a proceeding brought in
accordance with applicable law The remedy allowed in this subsection shall not be the City s
sole remedy
be and the
City shall have
a
lien for
SEVERABILITY
SECTION IX
If any provision of this Ordinance is illegal invalid or unenforceable under present or
future laws then and in that event the remainder ofthis Ordinance shall not be affected thereby
EFFECTIVE DATE
SECTION X
This Ordinance shall be in force and effect from and after its final passage and any
publication required by
law
PASSED AND APPROVED
on
first
reading
PASSED AND FINALLY APPROVED
Jpu
1
the 12th day of February 2008
ond
on
se2l
2008
Q
yor
ST
U
City Secretary
CITY SEAL
Graffiti Ordinance doc
final
a
6
f
rea
d ing th
ay of