Chapter 9.35
GRAFFITI
Sections:
9.35.020 Unlawful application of graffiti.
9.35.030 Unlawful possession of graffiti implement.
9.35.040 Unlawful failure to supervise minor.
9.35.050 Penalties for application of graffiti.
9.35.060 Property defaced by graffiti as nuisance.
9.35.070 Notice and procedures for graffiti abatement.
9.35.010 Definitions.
“Abate” means to remove graffiti from the public view, such as by removing or covering the graffiti.
“Chief of police” means the city of Coos Bay police chief or his/her designee.
“Graffiti” means any inscription, word, figure, design or mark which is painted, drawn, scratched, etched, or otherwise affixed or attached to the surface of property without the prior authorization of the owner of the property and which is visible from any public right-of-way, any other public or private property, or from any premises open to the public.
“Graffiti implement” mean any paint, ink, chalk, dye, marker, aerosol spray paint container or any other substance or instrument or article designed or adapted for spraying, marking, etching, or carving a surface.
“Graffiti nuisance property” means property to which graffiti has been applied and not been abated within the time required by this chapter.
“Owner” means a person who has lawful care, custody, control or possession of any property by legal title, equitable interest, lease, or by any other method or manner giving the person lawful care, custody, control or possession of any property, including, but not limited to, bailments and other custodial arrangements.
“Person” means an individual; a partnership, corporation, association, or other form of legal entity; any entity in fact.
“Person in charge of property” means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.
“Property” means all real or personal property, including the land itself, as well as all buildings, structures, improvements, trees and any other permanent fixtures or features of the real property; all tangible personal property, including all chattels and movables such as vehicles, vessels, movable equipment, movable machinery, furniture, and movable tools or devices. [Ord. 537 § 4, 2021; Ord. 226 § 1, 1996].
9.35.020 Unlawful application of graffiti.
No person shall apply graffiti to any property, or solicit, command or conspire with another person to apply graffiti to any property. No person shall aid or abet, or agree to aid or abet another person in applying, planning or conspiring to apply graffiti. [Ord. 226 § 2, 1996].
9.35.030 Unlawful possession of graffiti implement.
No person may possess any graffiti implement with intent to apply graffiti. [Ord. 226 § 3, 1996].
9.35.040 Unlawful failure to supervise minor.
No parent, guardian or other person having lawful custody of any minor child shall knowingly or negligently permit or allow such minor child to violate CBMC 9.35.020 and 9.35.030. [Ord. 226 § 4, 1996].
9.35.050 Penalties for application of graffiti.
(1) Impoundment. At the time any person is stopped and a citation is issued for a violation of this chapter, any graffiti implements in possession of such person may be immediately seized and impounded by the officer issuing the citation. Upon determination of guilt, all such impounded graffiti implements shall be forfeited.
(2) Fines. Violations of CBMC 9.35.020 and 9.35.030 shall be punishable by a fine not to exceed $500.00; a mandatory minimum fine of $100.00 shall be imposed upon conviction. Violation of CBMC 9.35.040 shall be punishable by a fine not to exceed $750.00; a mandatory minimum fine of $250.00 shall be imposed upon conviction.
(3) Restitution. Any person found guilty of violations of CBMC 9.35.020, 9.35.030 and 9.35.040 shall be ordered to pay restitution to the injured property owner.
(4) Community Service. In lieu of, or in addition to, any fine imposed pursuant to subsection (2) of this section, a person convicted of violations of CBMC 9.35.020 and 9.35.030 may be ordered to perform community service for an amount of time, which shall be not less than 40 hours. The period of community service shall be performed under the supervision of a community service provider approved by the court. Reasonable effort shall be made to assign the person to community service which will have the greatest rehabilitative effect, including, but not limited to, community service which contributes to the removal of graffiti.
(5) Parental Civil Liability. In addition to any other remedy provided by law, the parent, parents or other persons with legal custody of a minor child shall be liable for actual damages to persons or property resulting from the minor child’s violation of CBMC 9.35.020 and 9.35.030. [Ord. 537 § 4, 2021; Ord. 226 § 5, 1996].
9.35.060 Property defaced by graffiti as nuisance.
(1) Graffiti that is allowed to remain on property and not promptly removed invites additional graffiti and criminal activity and constitutes a nuisance.
(2) Any graffiti which the owner or person in charge of a property allows to remain on his/her property or which the owner fails to promptly remove may be declared a graffiti nuisance property, and subject to abatement proceedings as provided in Chapter 8.10 CBMC.
(3) Any property within the city which becomes graffiti nuisance property is in violation of this chapter and is subject to its remedies.
(4) Any owner or person in charge of a property who permits the property to be a graffiti nuisance property is in violation of this chapter and is subject to its remedies. [Ord. 537 § 4, 2021; Ord. 226 § 6, 1996].
9.35.070 Notice and procedures for graffiti abatement.
(1) An owner or person in charge of a property within the city shall abate any graffiti from that property within five calendar days of the graffiti’s appearance.
(2) Whenever the chief of police determines that graffiti exists on any property in the city, the chief of police shall notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information:
(a) A description of the real property, by street address or otherwise, on which the nuisance exists sufficient for identification of the property.
(b) That the property is a potential graffiti nuisance property.
(c) That permitting graffiti nuisance property is a violation of this code.
(d) A direction to abate the graffiti within five calendar days from the date of service of the notice or to show good cause why the owner cannot abate or remove the graffiti within that time period.
(e) That if the graffiti is not abated and good cause for failure to abate is not shown, the property is subject to abatement proceedings as provided in Chapter 8.10 CBMC, including abatement by the city, assessment of costs, and penalties.
(f) A statement that failure to abate the graffiti may warrant imposition of a fine.
(g) A statement that the person responsible may protest the order to abate by giving notice to the chief of police within five days from the date of the notice.
(h) That the above remedies are in addition to those otherwise provided by law.
(3) The notice shall be served by addressing the notice to the owner and delivering it by personal service, by mailing it as certified mail, or by posting the notice in a clearly visible location on the subject property.
(a) Service by personal service or posting is effective upon the date of personal service or posting. Service by certified mail is effective three business days after the date deposited with the U.S. Postal Service.
(b) Service by mail shall be addressed to the owner at the address of the property believed to be a potential graffiti nuisance property, to such other address as shown on the tax rolls of the county in which the property is located, or to such other place which is believed by the chief of police to give the owner actual notice.
(c) If the occupants of the property are different from the owner, a copy of the notice shall also be served on occupants of the property by mail or personal service. Such service may be completed by mailing the notice addressed to “occupant” of each unit of the property believed to be a potential graffiti nuisance property.
(d) The failure of any person to receive actual notice shall not invalidate or otherwise affect the proceedings under this chapter.
(4) If the owner is unable to abate, or cause to be abated, the graffiti within the five-day period due to a hardship, he or she may apply to the chief of police for an extension of time in which to remove the graffiti. For purposes of this subsection, “hardship” includes but is not limited to serious illness or disability, extremely inclement weather that temporarily prevents removal of the graffiti, or other extraordinary circumstance. Upon good cause shown, the chief of police may grant an extension not to exceed 10 additional business days.
(5) If graffiti is not removed within five calendar days after service of notice on the owner, and good cause for failure to abate is not shown, the property is subject to abatement proceedings as provided in Chapter 8.10 CBMC, including abatement by the city, assessment of costs, and penalties.
(6) Failure to abate graffiti as required by this section is an unclassified violation punishable by a fine of not less than $250.00. Each day the graffiti remains after the five-day period after notice is served constitutes a separate offense.
(7) The city manager may adopt rules and procedures to implement this chapter. [Ord. 537 § 4, 2021].