Weed Municipal Code Ch. 9.22 Graffiti

The purpose of this legislation is to provide for the removal of graffiti from public and private property within the city and to establish regulations designed to prevent and control the spread of graffiti.

The city council finds and determines that the increase of graffiti on both public and private buildings, structures and other places, creates a condition of blight within the city which can result in the deterioration of property values, business opportunities and enjoyment of life for persons using adjacent and surrounding properties. The council further finds and determines that graffiti is inconsistent with the city's property maintenance goals, crime prevention programs, and aesthetic standards, and unless graffiti is quickly removed, public and private properties soon become targets of graffiti.

(Ord. 317-93 §1(part), 1994).

For the purpose of this chapter, the words set out in this section shall have the following meanings:

"Graffiti" means any inscription, word, figure, or design that is marked, etched, scratched, drawn, sprayed, painted, pasted, or otherwise affixed to, or sprayed on any surface to the extent that the same was unauthorized by the owner thereof.

"Graffiti implement" means a pressurized container, ink marker or paint stick.

"Ink marker" means any broad-tipped marker pen with a tip of one quarter inch or greater in width.

"Paint stick" means any device containing a solid form of paint, chalk, wax, or other similar substance capable of being applied to a surface and upon application, leaving a mark upon property of at least one quarter inch or greater in width.

"Pressurized 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.

"Property" means real or personal property, whether publicly or privately owned, within the city.

(Ord. 317-93 §1(part), 1994).

The city council declares that graffiti is a public nuisance and is subject to punishment and abatement as prescribed by this code.

(Ord. 317-93 §1(part), 1994).

A. It is unlawful for any person to apply graffiti upon any property within the city.

B. It is unlawful for any person owning or otherwise being in control of property within the city to maintain, or allow any graffiti to remain on such property when the graffiti is visible from the street or other public property.

(Ord. 317-93 §1(part), 1994).

It is unlawful for any person to assist, aid, abet or encourage another to violate the provisions of this chapter by words or overt act.

(Ord. 317-93 §1(part), 1994).

A. Each violation of this chapter shall be punishable by (1) a fine of one hundred twenty-five dollars for a first violation; (2) a fine of two hundred fifty dollars for a second violation within one year; or (3) a fine of five hundred dollars for each additional violation within one year.

B. Where there has been a conviction, sustained allegation, guilty or nolo contendere plea to a violation of this chapter, the court shall, in addition to any fine imposed pursuant to this chapter and at the city council's option, order the defendant to complete community service, including graffiti removal service, of not less than six hours for the first conviction, and not less than forty-eight hours for a second and/or subsequent convictions. A defendant shall be ordered to complete community service during a time other than during his or her hours of employment or school attendance.

C. Where there has been a conviction, sustained allegation, or guilty or nolo contendere plea of a violation of this chapter, the court shall, in addition to any punishment imposed pursuant to this chapter, and at the victim's option, order the defendant to perform the necessary labor to clean, repair or replace the property damaged by that defendant.

D. Where there has been a conviction, sustained allegation, or guilty or nolo contendere plea of a violation of this chapter, the court shall, in addition to any punishment imposed pursuant to this chapter, and at the victim's option, and as restitution, order the defendant to pay for any related costs incurred for the cleanup, repair or replacement of the property damaged by that defendant.

E. If a minor is unable to pay any fine or restitution levied for a violation of any provision of this chapter, the parent or legal guardian of the minor shall be liable for payment of the fine and/or restitution.

(Ord. 317-93 §1(part), 1994).

A. Graffiti on Public Property. Where graffiti exists on property owned by a public agency other than the city, graffiti may be removed by the city with the consent of the public agency owning the property, and the city may proceed with any enforcement action authorized by law against the person responsible for the graffiti. Any fines or penalties collected as a result of the arrest and conviction of any person for a violation of this chapter shall be credited to the city as reimbursement for its abatement of graffiti.

B. Graffiti on Private Property.

1. Graffiti on private property shall be removed from private property within ten calendar days after notification to the property owner, by the city, to remove such graffiti.

2. In the event a property owner fails to remove the graffiti after notice has been given, the city may, at its option, abate the graffiti as a nuisance. The cost of said abatement may be placed as a lien or assessment against the property.

(Ord. 317-93 §1(part), 1994).

The city shall have the right but not the duty to obscure or remove, at its sole expense, any graffiti upon the exterior of walls or fences upon the perimeters of private property within the city. The city council shall direct such abatement when they find that the graffiti is plainly visible to the public and is detrimental to the health or welfare of the city residents; and, in the case of publicly owned property, after securing an appropriate release from the public agency having jurisdiction over said property. In the case of privately owned property, the city shall attempt to provide three days' notice of the planned abatement activities, but failure to so notice, or nonreceipt of said notice, shall not invalidate the city's powers hereunder. The provisions of this section authorize the removal of graffiti only from the exterior of walls or fences upon the perimeter of private property. The scope of removal is limited to such areas as are determined appropriate by the city and not the repair or masking of a more extensive area.

(Ord. 317-93 §1(part), 1994).

The city offers a reward of one hundred dollars or such other sum as council may direct for information leading to the arrest and conviction of any person violating this chapter.

(Ord. 317-93 §1(part), 1994).

The city may, at its option, use transient occupancy tax funds received by the city to defray the cost of materials and/or labor reasonably required to abate graffiti on public or private property. In the event a private property owner removes graffiti from his/her property, the city may, at its option, use transient occupancy tax funds to reimburse said property owner for the reasonable cost of material used in the removal.

(Ord. 317-93 §1(part), 1994).