Chapter 7.40
GRAFFITI
Sections
7.40.020 Graffiti in public view.
7.40.030 Violation of graffiti nuisance ordinance.
7.40.060 Additional enforcement remedies and penalties.
7.40.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Abate” means to use such means, in such a manner, and to such an extent as is reasonably necessary to remove graffiti from public view and to restore the property at least to its pre-graffiti condition.
(3) “Graffiti” means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint, ink, chalk, dye, or any other substance capable of marking property.
(4) “Graffiti nuisance property” means property upon which graffiti has not been abated after the abatement date established pursuant to DMMC 7.40.020.
(5) “Graffiti vandalism” means the act of intentionally altering, marking, or defacing property through the use of graffiti.
(6) “Marker pen” means a broad tip indelible marker with a tip exceeding four millimeters at its diameter.
(7) “Owner” means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee.
(8) “Premises open to the public” means all public spaces, including but not limited to streets, alleys, sidewalks, parks, and public open space, as well as private property on to which the public is regularly invited or permitted to enter for any purpose.
(9) “Pressurized container” means any can, bottle, spray device, or other mechanism designed to propel liquid that contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property.
(10) “Property” means any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
(11) “Responsible party” means an owner, or an entity or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular property.
(12) “Unauthorized” means without the consent of a responsible party. [Ord. 1344 § 1, 2004.]
7.40.020 Graffiti in public view.
(1) All graffiti upon private property, which is in public view, shall be abated by responsible parties within seven calendar days after notice of the presence of said graffiti. A person will have notice for purposes of this subsection when notice has been provided pursuant to DMMC 7.40.040; when the responsible party has actual knowledge of the presence of graffiti; when the responsible party has information which would lead a reasonable person to be aware of the presence of graffiti; or when the responsible party should reasonably have been aware of the presence of graffiti.
(2) A violation of or failure to comply with this section is a civil violation. [Ord. 1344 § 4, 2004.]
7.40.030 Violation of graffiti nuisance ordinance.
(1) Any property located in the city of Des Moines that becomes a graffiti nuisance property is in violation of this chapter and is subject to remedy under the civil violation process of chapter 1.28 DMMC.
(2) Every responsible party who permits a property to become a graffiti nuisance property is in violation of this chapter and subject to remedy under the civil violation process of chapter 1.28 DMMC. [Ord. 1344 § 5, 2004.]
7.40.040 Notice.
When the city manager or designee determines that a property within the city is a graffiti nuisance property, the city manager or designee shall identify a responsible party and send that party an informational letter describing the nature and location of the graffiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti and the need for its prompt removal, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of city law that may lead to legal action to remove the graffiti at the expense of the responsible party and may subject the responsible party to civil penalties. [Ord. 1344 § 6, 2004.]
7.40.050 Civil violation.
If the graffiti is not promptly abated after the information letter has been sent, the city manager or designee shall take remedial action as permitted and required under the civil violation process of chapter 1.28 DMMC. [Ord. 1344 § 7, 2004.]
7.40.060 Additional enforcement remedies and penalties.
(1) Remedies Cumulative. The remedies provided for herein for failure to comply with this chapter shall be cumulative and in addition to any other remedy at law or equity.
(2) Civil Infraction. A violation of or failure to comply with this chapter is a class 6 civil infraction and the city may enforce this chapter and seek fines and penalties in accordance with the provisions of chapter 1.24 DMMC.
(3) Separate Offense. Each day upon which a violation of this chapter occurs constitutes a separate offense. [Ord. 1382 § 1, 2006.]