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Home My WebLink AboutORD 2010-19 - Graffiti OrdinanceAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF i. • PERTAINS TO - •; SUCH OTHER FINDINGSAND PROVISIONS RELATED TO AND DECLARING + DATE. WHEREAS, The Georgetown City Council deems it necessary to amend Chapter 9.14 of the Georgetown City Code of Ordinances as to comply with House Bill 2860; and WHEREAS, The Council now finds it necessary to make the following changes to the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. The following sections of Chapter 9.14 of the Code of Ordinances are herein amended as follows: "City" shall mean the City Manager or their designee. "Graffiti" shall mean any unauthorized inscription, word, letter, figure, symbol or design visible from a public place, public right-of-way or another person's property that is marked, etched, scratched, drawn, painted or made in any manner on any surface of tangible property regardless of its content or nature and regardless of the nature of the material of the structural component or property. It shall be a rebuttable presumption that the inscription, word, letter, figure, symbol or design was unauthorized if: A. The graffiti is inconsistent with the design and use of the subject property; B. There is no specific authorization by the owner for the graffiti; or C. The person causing the graffiti was unknown to the owner. "Graffiti implement" shall mean any aerosol paint container, any type of felt tip marker, pen, ink, paint stick or etching tool capable of marking, scarring or otherwise defacing property, including but not limited to, plastic, glass, metal, concrete or wood. "Guardian" shall mean any person to whom custody of a minor has been given by a court order. "Felt tip marker" shall mean an indelible marker or similar implement with any size tip. "Minor" shall mean any individual who is 17 years of age or younger. "Owner" shall include, but not be limited to, any equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or any person, individual, corporation, association or partnership in apparent or actual control of the property or any agent or employee of any of the foregoing. "Paint stick" or "graffiti stick" shall mean any device containing a form of paint, chalk, ink, wax, epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application, leaving a visible mark. "Parent" shall mean a person who is the natural or adoptive parent of a minor. As used herein, "parent" shall also include a court appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a minor. "Unauthorized" shall mean with the specific consent of the owner or without authority of law, regulation or ordinance. 1 # • • •• • •IN • •' A. It shall be an offense for the parent or legal guardian of a minor to intentionally, knowingly, recklessly, or with criminal negligence allow the minor to cause graffiti. B. Violation of any provision of this Section shall be a misdemeanor offense and shall be punishable by a fine of not less than $200.00 nor more than $500.00 for the first offense and a mandatory fine of not less than $400.00 nor more than $500.00 for subsequent offenses. The court shall have the discretion to provide other means of punishment which may include community service. HIMENCEFFRIF Graffiti is hereby declared to be a public nuisance as it: A. Tends to reduce the value of private property; B. Invites vandalism, additional graffiti, and other criminal activities; C. Produces urban blight; and D. Is detrimental to the safety and welfare of the public. Artwork commissioned and/or approved by the owner shall not be considered to be graffiti under this Chapter. It shall be unlawful for any property owner to intentionally, knowingly, recklessly, or with criminal negligence fail to abate or cause the abatement of graffiti from his or her property after receiving notice of the nuisance and being given an opportunity to effect the abatement within the time allowed by this Chapter, except where: (1) The graffiti is located on transportation infrastructure; or (2) The removal of the graffiti would create a hazard for the person performing the removal. .! •• ' • A. An officer of the City Code Enforcement Department or the City Police Department shall inform a property owner in writing that an area of graffiti is a public nuisance and that the city will remove the graffiti from the owner's property free of charge and shall request that the property owner give written permission to the city for the removal of the graffiti. B. If the city informs a property owner in writing in accordance with Subsection A of this Section, and the property owner fails to respond to the city's request for written permission to remove the graffiti within 30 calendar days of the date of the written request, the property owner will be deemed to have refused the offer. C. If the property owner refuses the offer of removal free of charge, an officer of the City Code Enforcement Department or the City Police Department shall serve the property owner with written notice to abate graffiti from the property within fifteen (15) calendar days after the date the notice is given. D. Written Notice to abate graffiti under this Section shall be given: 1. Personally, in writing; 2. By letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or 3. If service cannot be obtained under Subdivision (1) or (2): a. By publication at least once in a newspaper of general circulation in the county or municipality; b. By posting the notice on or near the front door of the main building on the property to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the graffiti relates, if the property contains no buildings. E. Written Notice to abate graffiti under this Section shall contain: 1. An identification, which is not required to be a legal description, of the property; 2. A description of the location of the graffiti on the property; 3. The time period in which the owner must abate the nuisance; 4. A statement that the owner must abate the graffiti nuisance within such time period; 5. A statement that should the owner fail to abate the situation within the stated time period, the City may cause the correction and abatement work to be done on its own and shall charge the owner for the expenses involved, and upon failure of the owner to pay the City for such expense, fix a lien on the lot or parcel for the expense involved. 1111111 11 lb1z 91111111 MEAN 1"i � •. • • • • • • •• • •; A. If an owner fails to abate a graffiti nuisance as delineated in Subsection C of Section 9.14.060, the City may order abatement of the nuisance to be done at the owner's expense. This remedy shall be in addition to any other remedy available to the City. B. Persons authorized by the City to abate the nuisance may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance. C. Whenever the City shall abate a graffiti nuisance as provided by this Chapter, the City shall have the option of selecting a private contractor or volunteer group to abate the nuisance. D. To obtain a lien against the property for expenses incurred under this Section, the city must file a statement of expenses with the county clerk. The statement of expenses must contain: 1. The name of the property owner, if known; 2. The legal description of the property; and 3. The amount of expenses incurred under this Section. E. A lien described in Subsection D of this Section attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to: 1. any previously filed lien; and 2. the rights of a purchaser o lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described in Subsection D of this Section. Section 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 2010. day of PASSED AND APPROVED on U o ° , 2010. x ATTEST: Second Reading on the THE CITY OF GEORGETOWN lel»Zi]Tl: 4NT_ImIs] I ►7�iii Mark Sokolow, City Attorney By: Garver, mayor day of