Loading...
HomeMy WebLinkAboutOrdinance 27-2008 Ordinance No. 27-08 AN ORDINANCE PROHIBITING GRAFFITI AND ESTABLISHING PROCEDURES FOR REMOVAL OF GRAFFITI IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA,AS FOLLOWS: I. CHAPTER 58,ARTICLE IX. OFFENSES INVOLVING GRAFFITI SECTION 58-240. Purpose and Intent. The city council is enacting this ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.The city council is authorized to enact this ordinance pursuant to its police powers,which authorize the city,under certain circumstances,to provide for the removal of graffiti from private and public property. The city council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the city. The city council intends, through the adoption of this ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. SECTION 58-241. Definitions. Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written,marked,etched, scratched, sprayed,drawn,painted,or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization,is otherwise deemed a public nuisance by the city council. SECTION 58-242. Prohibited Acts. (a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any city-owned property or,without the permission of the owner or occupant,on any non- city owned property. SECTION 58-243. Graffiti as Nuisance. (a) The existence of graffiti on public or private property in violation of this ordinance is expressly declared to be a public nuisance and,therefore,is subject to the removal and abatement provisions specified in this ordinance as well as any other law which permits abatement of a public nuisance. (b) It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. SECTION 58-244. Removal of Graffiti by Perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the city or private owner of the property involved. Such removal shall be done in a manner prescribed by the Chief of Police,or the designee of the Chief of Police or other city building official. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this ordinance. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal. SECTION 58-245. Removal of Graffiti by Property Owner or City. If graffiti is not removed by the perpetrator according to section 58-244, graffiti shall be removed pursuant to the following provisions: (a) Property Owner Responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of ten (10) days after service by first class mail of notice of the defacement. The notice shall contain the following information: (1) The street address or legal description of the property sufficient for identification of the property; (2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; (3) A statement that the graffiti must be removed within ten (10) days after receipt of the notice and that if the graffiti is not abated within that time the city will declare the property to be a public nuisance, subject to the nuisance abatement procedures provided in city ordinance Chapter 43, Article IV (Nuisances and Offensive conditions);and (4) An information sheet identifying any graffiti removal assistance programs available through the city and private graffiti removal contractors. (b) Exceptions to Property Owner Responsibility. The removal requirements of subsection (a) above shall not apply if the property owner or responsible party can demonstrate that: (1) The property owner or responsible party lacks the financial ability to remove the defacing graffiti;or (2) The property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of fifteen (15) days after service by first class mail of notice of the defacement. (c) Right of City to Remove. (1) Use of Public Funds. Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the city shall be authorized to use public funds for the removal of the graffiti, or for the painting or repairing of the graffiti,but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located,unless the city manager,or the designee of the city manager,determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (2) Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal, the city shall attempt to secure the consent of the property owner or responsible party and a release of the city from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this ordinance, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the graffiti removal according to state law as city ordinances which provide further abatement procedures. SECTION 58-246. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: May 13, 2008 SECOND READING AND ADOPTION: May 27, 2008 PUBLISHED: May 30,2008 CITY OF BROOKINGS -72))/ Y:" Scott D. Munsterman,Mayor j. 27 Ni EST: mac, 0,2,5;4>1l %of in: I N t ,AKO-:sari Thornes, City Clerk