Chapter 7.15
GRAFFITI1
Sections:
7.15.030 Graffiti deemed a public nuisance.
7.15.010 Purpose.
The purpose of this chapter is to establish an efficient enforcement system to regulate and eradicate graffiti within the city, to provide an opportunity for an appeal of determinations of violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for violations, to provide for the collection of said penalties, and to provide a quick and efficient abatement process.
It is the express and specific purpose and intent of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
It is also the express and specific purpose and intent of this chapter that no provision nor any term used in this chapter, nor any action taken pursuant to this chapter, is intended to impose any duty whatsoever upon the city or any of its officers or employees.
Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents.
(Ord. No. 07-550, § 2, 3-20-07. Code 2001 § 10-51.)
7.15.020 Definitions.
“Abate” means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the city code.
“Defacement” means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any type that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property.
“Graffiti” means any defacement of property.
“Marker pen” means a broad-tipped indelible marker with a tip exceeding four millimeters at its diameter.
“Pressurized paint container” means any can, bottle, spray device, or other mechanism designed to propel liquid which 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.
“Property” means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the city.
“Responsible party” means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this title. There may be more than one responsible party for a particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a specific objection is made by a nonconsenting responsible party.
“Unauthorized” means without the prior express permission or consent of a responsible party.
(Ord. No. 09-596, § 13, 1-6-09; Ord. No. 07-565, § 2, 11-6-07; Ord. No. 07-550, § 2, 3-20-07. Code 2001 § 10-52.)
7.15.030 Graffiti deemed a public nuisance.
Graffiti within the city constitutes and is deemed a public nuisance. Where graffiti exists on property within the city and is visible from public property, from a location open to the public, or from a public right-of-way, it is a violation of the city code and this section.
(Ord. No. 07-550, § 2, 3-20-07. Code 2001 § 10-53.)
Cross reference: Graffiti as criminal offense, FWRC 6.30.050.