HomeMy WebLinkAboutORD 2009-20 - GraffitiORDINANCE w►
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, ADDING CHAPTER 9.14 "GRAFFITI."
WHEREAS, graffiti lowers property values; invites vandalism, additional graffiti, and
other criminal activities; produces urban blight; and is detrimental to the safety and
welfare of the public; and
WHEREAS, the Council finds that repealing section 7.05.140 is in the best interest of the
City of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. 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 thereof, as if copied verbatim.
SECTION 2. Chapter 9.14, "Graffiti," o
and shall provide as follows:
CHAPTER 9.14. GRAFFITI.
f the City Code of Ordinances is hereby adopted
Sec. 9.14.010. Definitions.
Citv shall mean the City Manager or their designee.
Gra ti shall mean any unauthorized inscription, word, letter, figure, symbol or
desi an. visible from a public place, public right-of-way or another person's
nroDerty 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 desi4n was unauthorized if:
(a) thearaffiti is inconsistent with the design and us
prop erty,
(b) there is no specific authorization by the owner for the graffiti, or
(c) the person causing the graffiti was unknown to the owner.
of the sub] ect
Graffiti implement shall mean an
aerosol -paint container an ti
p � �
e of felt ti
marker, pen, ink, paint stick or etching tool capable of marking, scarring or
otherwise defacin2r Dro-oerty, including but not limited to, plastic, glass, metal,
concrete or wood.
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Guardian shall mean any -person to whom custody of a minor has been liven by a
court order.
Felt tip marker shall mean an indelible marker or similar implement with any size
t�
Minor shall mean any individual who is seventeen years of aye or vounyer.
Owner shall include, but not be limited to, any equitable
owner, any person
havin2 a possessory right to the land or budding or the person occur vine it, any
part owner, joint owner, tenant in common, tenant in partnership, joint tenant or
tenant by the entirety, or an)
artnershi-p in a -p -parent or actual c
of any of the foregoing_
Jerson, lnalvlaual, corporation, association or
ontrol of the bronerty or any anent or emblovee
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 a -p -plied to a
surface b
)ressure, and u-pon
lication, 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
eighteen (18�
by the court a
ointed
ardian or other person
ear of age or older, authorized by the parent, by a court order, or
Jointed 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.
Sec. 9.14.020 Parent/Guardian responsibility for minor child.
(a) It shall be an offense for the parent or legal guardian of a minor to
intentionally, knowindv, recklessly, or with criminal negligence allow the
minor to cause graffiti.
(b) Violation of ani
shall be -punishab
vision of this section shall be a misdemeanor offense and
I-
le by a fine of not less that two hundred dollars
nor more than five hundred dollars
mandato
200.00
X500.00) for the first offense and a
fine of not less than four hundred dollars
400.00) nor .more than
five hundred dollars ($500.00) for subsequent offenses. The court shall have
the discretion to provide other means of punishment which may include
community service.
Sec. 9.14.030. Public nuisance declared.
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.
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Sec. 9.14.040. Exceptions.
Artwork commissioned and/or aDDroved by the owner shall not be considered to
be graffiti under this Chapter.
Sec 9.14.050. Failure to remove Lyraffiti.
(a) It shall be unlawful for any property owner to intentionally, knowingly,
recklessly, or with criminal negligence fail to abate or cause the abatement of
)perty after receiving notice of the nuisance and
affiti from his or her
bei _ given an opportunity to effect the abatement within the ti
n me allowed b
ordinance S .20.000 Nuisances.
(b) The time ueriod in which an owner
nuisance shall be ten (10) dam
shall abate or cause to be abated a 4raffiti
Sec. 9.14.060 Notice.
(a) An officer of the City Code Enforcement Department or the Ci
Department may determine that an area of graffiti is a public
Police
nuisance if it
meets the definition sent out in Section 9.14.030 of this Chapter and the owner
of the premises has not abated the graffiti within the time period provided by
Section 9.14.050 of this Chapter. A property owner may appeal the officer's
determination that an area of graffiti is a public nuisance to Municipal Court
as provided in Section 9.15.070 of this
(b) In the event that an owner permits a
ter.
. .
ffln nul s anc e
to exist thereon in
violation of this Chapter, the City shall notify the owner of the presence of the
nuisance and shall provide a ten (10) day time period for the owner to abate
the nuisance.
(c)- Notice under this section shall be ig ven:
(1) Personally, in writin ; or
(2) By certified mail, return receipt requested; or
(3) By posting the notice on or near the front door
the property, to which the violation relates; or
of the main building on
(4) By posting the notice on a placard attached to a stake driven into the
and on the
.,rty to which the
raffiti relates. if the -Droberty
contains no buildings.
(d) Notice under this Ordinance shall contain:
(1) An identification, which is not required to be a le
bropert�
(2) A description of the location of the graffiti on the
descri-ation. of the
progeny=
(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 the owner may request a hearing within ten (l0) days;
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(6) 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 it's 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 barcel for the exbense involved;
and
(7) A statement that if the owner demonstrates a hardship as defined in
Sec. 9.14.053, the City shall cause the graffiti to be abated without cost
to the owner, and no lien shall be blaced on the Droberty.
Sec. 9.14.070. Hearin.
(a) -The owner of a lot or parcel subi ect to abatement under this Ordinance ma
request a hearing by notifying the City within ten(
10. • da s following the date
the city serves the required notice. The hearing shall be conducted by the
municipal court for the sole purpose of determining whether the determination
by the City officer is a public nuisance should be upheld or overturned. The
burden of proof necessary to overturn the officer's determination that an area
of graffiti is a public nuisance shall be by clear and convinci
evidence,
(b) Unless notice is waived by the owner, the owner shall be provided written
notice of the time a place of th
e hearinLy at least five days prior thereto. At the
hearing, the owner and the City may
esent any evidence relevant to the
proceedings. An initial determination by a Code Enforcement official that the
markings in question constitute a graffiti nuisance shall constitute a prima
facie presumption of a nuisance. Once the City has made the initial
presumption of a nuisance, the owner shall have the burden to prove that the
markings in question do not constitute a graffiti nuisance. If the hearing
official finds that conditions constituting a nuisance hereunder exist, the
hearinLy official shall issue an order so statinLy.
(c) The Court mav:
1) Ubhold the determination by the City's officer that the
area of graffiti
is a public nuisance and order the DroDerty owner to remove the
nuisanc
e within ten days; or,
2) Overturn the determination by the City's officer that the
is a public nuisance and issue an order that the propert',
duty to remove the markings.
Sec. 9.14.080. Hardships.
area of graffiti
owner has no
(a) Each notice given under section 9.14.050 of this Chapter shall advise of the
availability of the relief under this section.
lications for relief under this
section shall be submitted to the City in such form and with such proofs of
ownership, repeat occurrences and related factors as may be required to
challenge whether the applicant is entitled to assistance within five days
100SOV 40 AOP (A
t
followiniz the date the city mails, posts or delivers the notices under section
9.14.050 of this ordinance.
(b) The City may cause the graffiti to be abat
ed without cost to the owner if an
owner demonstrates that the property for which notice of graffiti has been
issued has been the subi ect of at least two prior graffiti incidents (evidenced
by either notices provided pursuant to this Chapter or bona fide police reports)
during the Dreceding 180 days, that the owner complied with the requirements
of the Ordinance by abating the prior graffiti within five business days of the
date of the applicable notice or police report and that the City has abated the
property no more than twice in a calendar year.
(c) The City may cause the _
owner demonstrates that he or she cannot bear the cost or perform the
affiti to be abated without cost to the owner if an
abatement as required by showing proof:
1) That the cost of the abatement will cause undue financial
hardship to the owner; and
(2) The property in question is not a commercial property but a
private residence in which the owner currently resides; or
(3) That the physical health or age of the owner is such that
abating the graffiti will place the owner in serious
discomfort
in, or peril.
Sec. 9.14.090. Abatement by Citv; pavment of cost by owner, imposition of
lien.
(a) If an owner fails to abate a
ti nuisance during the time allowed for
abatement and/or fails to timely request a hearing to determine whether the
graffiti in question is a public nuisance, the City may order abatement of the
nuisance to be done at the owner's expense. This remedy shall be in addition
to an
(b) Persons authorized by the City to _abate the_ nuisance may enter private
other remedy available to the City.
ty to examine a public nuisance, to obtain information to identi
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) The City shall assess to the owner a charge for all work done to abate th
uarriil nuisance
including an administrative expense of $119.45 and
cause the expense thereof to be assessed on the D.
expense is incurred. All revenue collected shall b
roperty upon which such
e deposited in a separate
account tin the City dedicated to graffiti abatement.
(e) A statement of the cost incurred by the City to abate the nuisance shall be
mailed to the owner, if the owner and mailing address is known, and, if not
known, may be published in a newspaper of general circulation in the city.
The statement shall demand payment within thirty days (30) from the date of
receipt or publication,
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(f) If such statement has not been Raid within such
other official desi
eriod, the Ci
Manager or
_ ted by the city manager may file a statement of expenses
incurred with the County Clerk of the county stating the owner's name, if
known, and the legal description of the lot or parcel. The statement of
expenses or a certified copy of the statement shall be prima facie proof of the
expenses incurred. Such statement shall be and the city shall have a
privileged lien for expenditures made and interest accruing at the rate of
ten -percent on the amount due from the date incurred by the city.
Such liens shall be inferior only to tax liens and liens for street improvements.
The city may foreclose such liens in a proceeding brought in accordance with
a-p-plicable law. The remedy allowed in this subsection shall not be the City's
sole remedy
SECTION 3. This Ordinance shall become effective in accordance with the City Charter
and the laws of the State of Texas.
PASSED AND APPROVED on First Reading on the
2009.
day of
PASSED AND APPROVED on Second Reading on the day of
op
ATTEST:
Patricia E. Carls, City Attorney
Carls, McDonald & Dalrymple, LLP
0 * I
2009.
THE CITY OF GEORGETOWN:
y• George Garver
Mayor