ORD 06-008
.
ORDINANCE 06-08
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ADDING
SECTIONS 46-80 THROUGH 46-86 OF THE CITY CODE OF
ORDINANCES REGARDING NUISANCES
ARTICLE III. GRAFFITI
The City Council of the City of Elk River does hereby ordain as follows:
Sec. 46-80. Findings and Purpose.
(a) The City Council of the city is enacting this article to help prevent the spread of
graffiti vandalism and to establish a program for the removal of graffiti from public
and private property.
(b)
The Council finds that graffiti is a public nuisance and destructive of the rights and
values of property owners as well as the entire community. Graffiti perpetrators are
often associated with other criminal activities, including violent crimes. 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.
.
(c) The City Council intends, through the adoption of this article, to provide additional
enforcement tools to protect public and private property from acts of graffiti
vandalism and defacement of public and private property. The Council does not
intend for this article to conflict with any existing anti-graffiti state laws or "criminal
damage to property" laws.
Sec. 46-81. Definitions.
For the purposes of this article, the following words will have the meaning provided to
them, except where the context clearly indicates a different meaning.
AEROSOL PAINT CONTAINER Any aerosol container that is adapted or made
for the purpose of applying spray paint or other substances capable of defacing
property.
.
BROAD- TIPPED MARKER Any felt tip indelible marker or similar implement
with a flat or angled writing surface that, at its broadest width, is greater than one-
fourth of an inch, containing ink or other pigmented liquid that is not water soluble.
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ETCHING EQUIPMENT. Any too~ device, or substance that can be used to make
permanent marks on any natural or man-made surface.
GRAFFITI. Any inscription, word, figure, painting, symbol, 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.
GRAFFm IMPLEMENT. An aerosol paint container, a broad-tipped marker, gum
labe~ paint stick or graffiti stick, etching equipment, brush or any other devise
capable of scarring or leaving a visible mark on any natural or man-made surface.
PAINT STICK OR GRAFFITI STICK. Any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance capable of being applied to a surface by
pressure and leaving a mark of at least one-fourth of an inch in width.
Sec. 46-82. Prohibited Acts.
(a) Difacement. It is unlawful for any person to apply graffiti to any natural or man-made
surface on any publicly owned property or, without the permission of the owner or
occupant, on any privately owned property.
(b)
Possession 0/ grcifJiti implements. It is unlawful for any person to possess any graffiti
implement between the hours of 10:00 p.m. and 5:00 a.m. while within 200 feet of
any graffiti located in or on any public or private property, building or structure.
Sec. 46-83. Graffiti as Nuisance.
(a) Declaration. The existence of graffiti on public or private property in violation of this
article is expressly declared to be a public nuisance and, therefore, is subject to the
removal and abatement provisions specified in this article.
(b) Duty 0/ property owner. It is the duty of both the owner of private property to which
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.
(c) Repeat violations. If a private property is subject to three or more occurrences of
graffiti within a year, application of anti-graffiti material of a type and nature that is
acceptable to the city may be required for publicly viewable surfaces after
notification by the city, or imposed during improvements or construction activities
to the site as determined by the city.
Sec. 46-84. Removal of Graffiti.
(a)
By perpetrator. The city may require any person applying graffiti on public or private
property to either remove or pay for all costs for removal of the graffiti within 24
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(b)
hours after notice by the city. The removal must be performed in a manner
prescribed by the city; with materials and colors compatible with existing surfaces,
and to a comparable or improved condition before the graffiti application as
determined by the city. Where graffiti is applied by a person under 18 years old, the
parents or legal guardian will also be responsible for such removal or for payment for
the costs of removal. Failure of any person to remove graffiti or pay for the removal
will constitute an additional violation of this article.
(b)
By properry owner or city. In lieu of the procedure set forth in subsection (a), the city
may order that graffiti be removed from private property by the property owner or
any person who may be in possession or who has the right to possess such property,
pursuant to the nuisance abatement procedure herein. Graffiti removal and
corrections must be performed with materials and colors compatible with existing
surfaces as determined by the city. If the property owner or responsible party fails to
remove offending graffiti within the time specified by the city, the city may
commence abatement and cost-recovery proceedings for the graffiti removal in
accordance with this article.
Sec. 46-85. Abatement by City.
(a)
Upon discovering a public nuisance under the provisions of this article, the city
administrator or designee shall serve a notice through mail, by posting a notice on
the property, or by personal delivery to the owner of the property upon which the
nuisance exists. When the property is occupied, service upon the occupant is
deemed service upon the owner. Where the property is unoccupied or abandoned,
service may be by mail to the last known address as shown on the property tax
records of the county or by posting on the property.
Such notice shall state a description of the public nuisance, that the public nuisance
must be corrected within 14 days of the service of the notice, that if the public
nuisance is not properly removed or corrected as ordered, the public nuisance will be
abated by the city and the costs of abatement will be specially assessed to the
property taxes.
Such notice shall also advise the property owner of the right to request a hearing
before the city administrator or designee to contest the contents of the notice.
If requested by the person upon whom the notice is served under subsection (a) of
this section, a hearing before the city administrator or designee shall be held at which
the person may contest the contents of the notice. The request for such a hearing
must be made in writing within five (5) days after receipt of the notice provided for
in subsection (a) of this section. After such hearing, the city administrator or
designee may cancel the notice to remove or correct the public nuisance, modify the
notice, or affirm the notice to remove or correct the public nuisance. If the notice is
modified or affirmed, the public nuisance must be disposed of in accordance with
the city's written order.
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(c)
If the property owner does not abate the nuisance as required by subsection (a) or
request a hearing under subsection (b) of this section, authorized agents of the city
may abate the nuisance. If not paid upon invoicing, the cost of such abatement shall
be collected as a special assessment against the property upon which the nuisance
was located.
Nothing in this section prevents abatement by the city of a public nuisance without
notice and hearing in the case of an emergency in which there is an immediate and
direct threat to the public health or safety. The expense of such an emergency
abatement shall be collected as a special assessment against the property upon which
the nuisance was located.
(d)
Sec. 46-86. Penalties.
(a) Any violation of this section is a misdemeanor, punishable in accordance with state
law.
(b) Any violation of this article may be subject to civil penalties.
(c) This article is not intended to prohibit a private property owner from seeking
additional penalties or remedies
This ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 10th day of
July, 2006.
~~~
Mayor
ATTEST:
. Jd/J I
~'/I~I
2006-08
Af fidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
10 i A40 a
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
ORDINANCE 0(;-08 A) The newspaper has complied with all the
CITY OF ELKRMER, requirements constituting qualification as a qualified
AN ORDINANCE OF THE
CITY OF ELK RIVER'ADDIN newspaper, as provided by Minnesota Statute 331A.02,
SECTIONS 4&-
6.86 OF THE CITY CODE 0! 331A.07, and other applical e 1 ws, as amended.
ORDINANCES REGARDIN4 B) The printed
NUISANCES'
ARTIOL19 III. GRAFFITI
The City Council of the City
Elk River does hereby ordain which is attached was cut from the columns of said
follows:
Sec. 46-80. •Findings and Pr newspaper, nd was printed and published once each
pose.
(a)The City Council of the city week, for successive weeks; it was first published
enacting this article to help pa on W dnesday, the day Of �f ,
vent the spread of graffiti va
dalism and to establish a pr
gram for the removal of graff 2Q and was thereafter printed and p blished every
from public and private property Wednesday to and including Wednesday, the
public Council finds that graff: , 20 ; and printed below
is a nuisance and destru, day of
tive of the rights and values c is a copy of the lower case alphabet from A to Z, both
Property owners as well as th.
entire community. Graffitiperpe inclusive, which is hereby acknowledged as being the size
trators are often;associated wit
other criminal activities;incluc and kind of type used in the composition and publication
ing violent crimes. Unless the cit
acts to remove graffiti from public of the notice.
and private property,the graffit
tends to remain. Other proper
ties then become the target o' abcdefghijkImnopgrstuvwxyz
graffiti and entire neighborhoods
are affected and become less o
desirable places in which to be,al
to the detriment of the city. BY:
(c)The City Council intends TITLE:
through the adoption.of thi!
article, to provide additiona
enforcement tools to protect pub
lic and Private property from act, Subscribed and sworn to before me on this day of
of graffiti vandalism and deface
ment of public and private prop , 20d
erty. The Council does not intent
for this article to conflict with an3
existing anti-graffiti state laws of °1
"criminal;damage to property'
i
laws. Notary Pub '.r ,,,,,���+
Sec.46-81. Definitions, ; °' 6F'q ,
For the purposes of this article,
i v q c n`S05 fan 1'
the following words will have the
meaning provided to them,except
where the context
clearly indi-
cates adifferent meaning. (1) Lowest classified rat eaid-by"''""
AEROSOL PAINT CON.TAINER. Any aerosol container commercial users for comparable space $
':
that is adapted or made for the (2) Maximum rate allowed by law for
purpose of applying spray paint or
other substances capable of the above matter
defacing property.
BROAD-TIPPED MARKER. (3) Rate actually charged for the
Any felt tip indelible marker or above matter
similar implement with a'flat or
angled writing surface that,at its
broadest width, is greater than
one-fourth of an inch,containing
ink or other pigmented liquid that
is not water soluble. i
ETCHING EQUIPMENT• Any determined by the city. Where
tool,device,or substance that can graffiti is applied by a person
uner be used to make permanent ledall ears uardian will alsosb�e "
marks on any natural or responsible for such removal or for (c)If the property owner does not
man-made surface. a meat for the costs of removal. : abate the nuisance as required by
GRAFFITI. Any inscription, P Y
word,figure,painting,symbol,or: Failure o£any person to remove subsection (a) or request a
other defacement that is written, graffiti or pay for the removal will hearing under subsection (b) of
in etched, scratched, constitute an additional violation h city may abat the uisance
sprayed, drawn, painted, or' of this article. In the city d y a atvoicing,the cost'
engraved,on,or otherwise affixed (b)By property owner or city.
eli any surface of public or pri lieu of the procedure set forth in collected as a spe al assessment
vate property by any"graffiti owich
subsection(a),the city may order a g ainst the prop e
implement, that r affiti be removed from the nuisance was located.
GRAFFITI IMPLEMENT. An y in this section
aerosol) paint container, a private property by the property (d)Nothing
broad tipped marker,container,
label, owner or any person who may be prevents abatement by the city of
paint stick or graffiti stick,etch, in possession or who has the right a public nuisance without notice
ingequipment,brushoranyother to'!possess such property, and hearing in the case of an
devise capable of scarring or " pursuant to the nuisance emergency in which there is an
devise
leaving a visible mark on any abatement procedure herein. immediate and direct threat to
natural or man-made surface. Graffiti removal and corrections the public health or safety. The
PAINT STICK OR GRAFFITI must be performed with materials expense of such an emergency as a
STICK, Any device containing a and-colors compatible with exis- abeCealeassessment against the
solid form of paint, chalk,wax, tiny surfaces p determined e the pproperty upon which the nuisance
epoxy,or other similar substance city. If the property owner or
capable of being applied to a sur- responsible party fails to remove as loco ed.
face by pressure and leaving a offending graffiti within the time Sec.46x8 of ton of this section is
marls of at least one-fourth of an specified by the city,the city may (a)Any punishable in
mark of le commence abatement and a misdemeanor,
Sec.46=82. Prohibited Acts. cost-recovery proceedings for the accordanviolat on of this article
(a)Defacement. It is unlawful with thi removal in accordance mayAbe subject to civil penalties.
for any person to apply graffiti to with this article.
Sec.46-85. Abatement by City. (c)This article is not
roperty owner
any natural or man-made surface (a)Upon discovering a public prohibit a private
on any publicly owned property nuisance under the P rovisions of from seeking additional penalties
or,without the permission of the this article the city dministrator or remedies
owner or occupant, on any or designee shall serve a notice This ordinance shall take effect
privately owned-property. through mail by.postin y a notice' upon publication as provided by
(b)Possession of graffiti - on the property, or by Personal, law.
implements. It is unlawful for deliver to the owner of the Passed and adopted by the City
any person to possess any graffiti' Y
implement between the hours . Property upon which the nuisance' Council of the City 006, River
10:00`p.m, and 5:00 a.m. while exists. When the property is this 10th day of tephanie Klinzing
occupied; service" upon the Mayor
within 200 feet of any graffiti occupant;is deemed service upon
located in or on any public OT the owner. Where the property s ATTEST:
Y
private property, building os unoccupied or abandoned,service Joan Schmidt
structure. may be by mail to the last known City Clerk (Jy19)
Sec.46-83. Graffiti as Nuisance. address as shown on the property
(a)Declaration. The existence of : tax records of the county or by
graffiti on public or private posting on the property.
property in violation of this article pS u c h notice shall s"t a t e a
is expressly;declared to be a description of the public nuisance,
public nuisance and,therefore,is that the public nuisance must be
subject to the removal and corrected within 14 days of the
abatement provisions;specified in service of the notice, that if the
this article. public nuisance is not properly
(b)Duty of property owner. It is removed or corrected as ordered,
the duty of both the owner of the public nuisance will be abated
private property to which graffiti by the city and the costs of
has been applied and any person abatement will be specially
who may be in possession or who assessed to the property taxes. ?
has the right to possess such Such notice shall also advise the
property to,at all times,keep the property owner of the right to
property clear of graffiti. 1 request a hearing before the city
(.)Repeat violations. If a private administrator or designee to
property is'subject',to three or contest the contents of the notice. '
more occurrences of graffiti within (b)If requested by the person
a year,application of anti-graffiti Upon whom the notice is served
material of a type and nature that under subsection (a) of this
is acceptable to the city maybe section,a hearing before the city
required for publicly viewable administrator or designee shall be
surfaces after notification by the held at.which`the person may
city, or imposed during contest the contents of the notice.
improvements or construction The request for such,a hearing
activities to the site as determined must be made in writing within
by the city. five(5) days after receipt of the
Sec.46-84.'Removal of Graffiti. notice;provided for in subsection
(a)By perpetrator. The city may (a) of this section. After such
require any person applying hearin ,the cit administrator'or
graffiti on public or private designee may cancel the notice to
property to either remove or pay remove or correct the public
for all costs for removal of the nuisance, modify the notice, or
graffiti within 24 hours after affirm the notice to remove or
notice by the city.!The removal correct the public nuisance. If the
must be performed in a manner 'is modified or affirmed,the
prescribed by the city; with notice public nuisance must be disposed
materials and colors compatible of in accordance with the city's
with existing surfaces, and to a written order.
comparable or improved oi
before the graffiti application on