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6.9. SR 07-10-2006 City of Elk River Item Number REQUEST FOR COUNCIL ACTION 6.9. Agenda Section I Meeting Date Prepared by Discussion Item Tulv 10, 2006 T oan Schmidt, City Clerk Item Description Reviewed by Discussion of Proposed Graffiti Ordinance Introduction .[\t tlle councillneeting of Ivlay 8, 2006, Councilmelnber Farber asked to l1U\Te an enforcement policy for tlle remo\Tal of graffiti. Discussion Staff re\rie\ved ordinances from tlle cities of Brooklyn Park, Rocllester, St. Cloud, Blaine, and Nfinneapolis and fOTlnulated tlle attached proposed ordinance. Input \vas received from City .L~ttorney Peter Beck, Police Chief Jeff Beallen, Street Superintendent Pllll Hals, Parks Foreman Terry Bye, Community Developtnent Director Scott Clark, and City .L~dministrator Lori Jol1nson. Financial Impact N/j\ Attachments None Action Requested Input from council. Council Action l\fotion bv Second by \Tote Follow Up s: \ Council \1 oan \ Council Issues \ o rdinance-Grafittl.doc Cllapter 46 NUISANCES -L~RTICLE III. GRA.FFITI Sec. 46-80. Findings and Purpose. (a) TIle City Council of tlle city is enacting this article to help prevent the spread of graffiti .vandalism and to establish a program for the remo\Tal of graffiti from public and private property. (b) Tile Council finds tllat graffiti is a public nuisance and destructive of the rights and 'values of property o\vners as \veil as tlle entire community. Graffiti perpetrators are often associated \vidl otller criminal activities, including vlolent crimes. Unless the city acts to remo-v-e graffiti from public and private property, the graffiti tends to remain. Odler properties tllen become the target of graffiti and entire neighborhoods are affected and become less desirable places in \vbich to be, all to the detriment of dle city. (c) The City Council intends, tlUOUgll tlle adoption of this article, to provide additional enforcement tools to protect public and pri\Tate property from acts of graffiti 'vandalism and defacement of public and pri,rate property. TIle Council does not intend for this article to conflict \vith any existing anti-graffiti state la\vs or "criminal dalnage to property" la\vs. Sec. 46-81. Definitions. For the purposes of tlllS article, tile follo\ving \vords ,vill ha-v-e the meaning provided to tllem, except \Vllere the context clearly indicates a different meaning. ..r1EROSOL PAINT CONTAINER Any aerosol container that is adapted or made for tlle purpose of applying spray paint or otller substances capable of defacing property. BROAD- TIPPED 2VL4RKER i\ny felt tip indelible marker or similar implement \vitil a flat or angled \vriting surface that, at its broadest \vidtil, is greater than one- fourth of an inch, containing ink or other pigmented liquid that is not \vater soluble. ETCHING EQUIP.A1El\TT. Any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface. GR4FFITI. .L~ny inscription, \vord, figure, painting, symbol, or other defacement that is \vritten, marked, etched, scratclled, sprayed, dra\vn, painted, or engra'ved on, or othel,vise affi'Ced to, any surface of public or pri,rate property by any graffiti implement. GRAFFITI I1\lPLEi\lENT. An aerosol paint container, a broad-ripped marker, gum label, paint stick or graffiti stick, etclllng equipment, brush or any other devise capable of scarring or leaving a visible mark on any natural or man-made surface. P All'JT STICK OR GRAFFITI STICK. Any device containing a solid form of paint, chalk, \vax, ep01\.)T, or odler similar substance capable of being applied to a surface by pressure and lea<ving a mark of at least one-fourth of an inch in \viddl. Sec. 46-82. Prohibited Acts. (a) DefaceJJJent. It is unla\vful for any person to apply graffiti to any natural or man-made surface on any publicly o\vned property or, \vitllout the permission of tlle o\vner or occupant, on any privately o\vned property. (b) Possessioll of graffiti illpletJlellts. It is unla\vful for any person to possess any graffiti implement benveen dle 110urs of 10:00 p.m. and 5:00 a.m. \vhile ,vithin 200 feet of any graffiti located in or on any public or pri\Tate property, building or structure. Sec. 46-83. Graffiti as Nuisance. (a) De claratioIl. TIle existence of graffiti on public or private property in violation of dus article is expressly declared to be a public nuisance and, tllerefore, is subject to tlle remo\Tal and abatement pro\Tisions specified in tllls article. (b) Duty of proper()' Olvne/: It is tlle duty of botll tIle o\vner of private property to \vrucll graffiti llas been applied and any person \vllO may be in possession or \vho llas the rigllt to possess suell property to, at all times, keep the property clear of graffiti. (c) Repeat violations. If a pri\Tate property is subject to three or more occurrences of graffiti \vithin a year, application of anti-graffiti material of a type and nature that is acceptable to tlle city may be required for publicly .viewable surfaces after notification by tlle city, or imposed during impro~lements or construction activ~ities to tlle site as determined by tlle city. Sec. 46-84. Removal of Graffiti. (a) By peJpetratol: Tile city lnay require any person applying graffiti on public or priv~ate property to eit1ler remove or pay for all costs for removal of the graffiti. witllln 24 llours after notice by tlle city. The removal must be performed in a manner prescribed by tlle city; ,vith materials and colors compatible ,vith existing surfaces, and to a comparable or impro\Ted condition before tlle graffiti application as determined by the city. \'7here graffiti is applied by a person under 18 years old, dle parents or legal guardian ,vill also be responsible for such remo\Tal or for payment for tlle costs of removal. Failure of any person to remo\Te graffiti or pay for the removal \vill constitute an additional violation of tllls article. (b) BJ' pr'OperD' OlVller or t:iD', In lieu of tlle procedure set forth in subsection (a), the city may order tllat graffiti be remo\Ted from pri\Tate property by the property owner or any person \vilo may be in possession or \vho has the right to possess such property, pursuant to dle nuisance abatement procedure herem. Graffiti remo'val and corrections must be performed \vith materials and colors compatible \vith existing surfaces as determined by tile city. If the property owner or responsible party fails to remove offending graffiti \vitIlln the time specified by tIle city, the city may commence abatement and cost-reco~lery proceedings for the graffiti remo'val in accordance \vitll tllls article. Sec. 46-85. Abatement by City. (a) Upon clisco'vering a public nuisance under the pro\~sions of this article, tlle city administrator or designee sllall serve a notice through mail, by posting a notice on tlle property, or by personal delivery to the o\vner of the property upon \vrncll tlle nuisance exists. \X1hen the property is occupied, service upon the occupant is deelned sel\Tice upon the o\vner. \X1here dle property is unoccupied or abandoned, service may be by mail to tlle last kno\vn address as sho\vn on the property tax records of tlle county or by posting on tlle property. SUCll notice sllall state a description of tlle public nuisance, that the public nuisance luust be corrected \vithin 14 days of the service of the notice, that if the public nuisance is not properly remo\Ted or corrected as ordered, the public nuisance \'vill be abated by tlle city and tlle costs of abatement \,,-ill be specially assessed to the property taxes. SUCll notice sllall also ad\Tise the property o\vner of the right to request a hearing before the city administrator or designee to contest tlle contents of the notice. (b) If requested by the person upon \VllOm the notice is served under subsection (a) of this section, a llearing before tlle city administrator or designee shall be lleld at \vhicll tlle person may contest the contents of the notice. The request for such a hearing must be lnade in \vriting \vitllln fi\Te (5) days after receipt of the notice pro\Tided for in subsection (a) of dus section. After Sucllllearing, tlle city administrator or designee may cancel tlle notice to remo\Te or correct tlle public nuisance, modify tlle notice, or affum the notice to remo\Te or correct the public nuisance. If the notice is modified or affirmed, tlle public nuisance must be disposed of in accordance ,vith tlle city's \vritten order. (c) If tlle property o\vner does not abate the nuisance as required by subsection (a) or request a I1earing under subsection (b) of tlus section, autllorized agents of tlle city may abate tlle nuisance. If not paid upon in"'\loicing, the cost of such abatement sllall be collected as a special assessment against the property upon \vllich the nuisance \vas located. (d) Nodllng in dus section pre\Tents abatement by the city of a public nuisance \Vitll0ut notice and Ilearing in tlle case of an emergency in \vhich there is an immediate and direct tllfeat to the public l1ealtll or safety. The expense of sucll an emergency abatement sllall be collected as a special assessment against tlle property upon ~VlllCll the nuisance \vas located. Sec. 46-86. Penalties. (a) .L~ny \liolation of this section is a misdemeanor, punishable in accordance ,vith state la\v. (b) Any \Tiolation of tllls article may be subject to civil penalties. (c) This article is not intended to prohibit a pri'late property o\vner from seeking additional penalties or relneclies.