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