§ 48-46. Graffiti.

(a)

Purpose and intent. The purpose of this section is to prevent the spread of graffiti and to require its removal from public and private property. The spread of graffiti on both public and private buildings, structures, or places causes blight within the city, which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city. The city council finds and determines that graffiti is obnoxious and a public nuisance which must be abated to avoid the detrimental impact of graffiti on the city and to prevent the further spread of graffiti.

(b)

Definitions.

(1)

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.

(2)

Airbrush means an atomizer used for applying by compressed air a fine spray, as of paint or other liquid color.

(3)

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 (1/4) of an inch, containing ink or other pigmented liquid that is not water soluble.

(4)

Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface.

(5)

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 display was not lawfully authorized in advance by the owner or occupant of the property, thus rendering any advance authorization invalid.

(6)

Graffiti implement means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.

(7)

Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width.

(c)

Graffiti as a nuisance. The existence of graffiti on public or private property is expressly declared to be a public nuisance, and, therefore, is subject to the removal and abatement provisions specified in this section.

(d)

Duty of property owner and occupant.

(1)

It is the duty of both the owner of the property to which graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all time keep the property clear of graffiti.

(2)

It is the duty of the property owner to abate, or cause to be abated, graffiti upon notice from the city, pursuant to section 48-63.

(e)

Removal of graffiti by city. If, after notice to the property owner or other responsible party, that person fails to remove the offending graffiti within 15 days, the city may commence abatement and the property owner shall be billed for the costs, pursuant to section 48-66.

(Ord. No. 030810, § 1, 7-24-03)