8.15.130 Graffiti | Show Low City Code

8.15.130 Graffiti.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires 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 markers: Any type of marker or similar instrument with a flat or angled writing surface of one-fourth (1/4) inch or greater which contains ink or other pigmented liquid that is not water soluble.

Etching equipment: Any tool, device, or substance that can be used to make permanent marks on the surface of any property.

Graffiti: Any unauthorized markings, such as initials, symbols, slogans, emblems, or drawings written, spray-painted, etched, or sketched on a sidewalk, wall, fence, building, sign or any other structure or surface for which prior written permission of the responsible party of the property has not been given.

Graffiti implement: Any aerosol paint container, broad-tipped marker, etching equipment, brush, paint, epoxy or other similar substance capable of being applied to the surface of any structure or property.

Responsible party: Property owner, tenant in possession, or other persons responsible for the property.

(1) No person may apply graffiti to any natural or man-made surface on any publicly owned property or any privately owned property without the prior written consent of the owner or responsible party. The application of graffiti is deemed to be an act of malicious or willful misconduct.

(2) No person may possess any graffiti implement on any public property or private property with the intent to violate or in violation of subsection (B)(1) of this section.

(3) No minor may possess any graffiti implement on any public property, structure or facility, or any school property, structure or facility, or any private property without prior written permission of the lawful owner or responsible party for the property with the intent to violate or in violation of subsection (B)(1) of this section. The provisions of this section do not apply to minors possessing such implements for classes or organized extracurricular activities that require the use of such implements and whose use is limited to legitimate activities.

(1) Graffiti as a Nuisance. The existence of graffiti on public and private property in violation of this section is expressly declared to be a public nuisance.

(2) Removal of Graffiti by Perpetrator. Any person applying graffiti on public or private property must remove or pay for the removal of the graffiti in a manner approved by the property owner within twenty-four (24) hours of notification. Failure of any person to remove or pay for removal of graffiti constitutes an additional violation of this section. If graffiti is applied by a minor, the parents or legal guardians are also responsible for removal or payment for removal of graffiti.

(3) Removal of Graffiti by City. The city is authorized, but not required, to use public funds for graffiti abatement on public or private property. The city is not required to paint, remove, or repair an area more extensive than that covered by graffiti, unless the owner has made prior arrangements with the city and agreed to pay the costs for more extensive painting, removal, or repair. The city is entitled to recover from perpetrator all costs incurred in graffiti abatement, including attorney’s fees and costs. Funds received will be placed in the City of Show Low anti-graffiti trust fund.

(a) Permission From Owner. If the owner or responsible party signs a permission form, the city may enter the property to abate graffiti.

(b) No Permission From Owner. If the property owner or responsible party refuses to sign a permission form or cannot be located and the city, at its sole discretion, deems it appropriate to abate graffiti on the property, the city will issue a notice of graffiti abatement. This notice may be served in person, by certified mail, or by posting on the subject property; or by publishing in a city newspaper in general circulation.

(2) The notice of graffiti abatement will contain the following information:

(a) Identify the property and describe the nature of the graffiti.

(b) A statement declaring that the property is a public nuisance.

(a) All officers and investigators of the city police department, the city planning and zoning director and his or her designee, and city code enforcement officers are authorized to issue notices of graffiti abatement for violations of this Code within city jurisdiction.

(b) The city magistrate will act as the hearing officer in the event of administrative review and will be notified by the city attorney of a property owner’s objection to graffiti abatement.

(a) Request for Review. An owner or responsible party may object to the notice of graffiti abatement by filing a written request for review with the city attorney no later than three (3) business days after posting of the notice of graffiti abatement. The city attorney will file notice with the city magistrate of the need for an expedited review.

(b) Review Process. Upon timely receipt of the request for review, the city attorney, will notify the enforcement authority to defer enforcement action until the review is final. The owner or responsible party must promptly supply the hearing officer with any additional information necessary to determine whether or not the property constitutes a nuisance. When the review is final, the hearing officer will notify the owner or responsible party and the enforcement authority of his findings within five (5) business days. The owner or responsible party will be notified by certified mail.

(c) Determinations of the Hearing Officer. The determination by the hearing officer is final and not appealable. If the hearing officer determines that the property contains graffiti and is a public nuisance, the hearing officer will issue a written eradication order stating that the city may enter upon the property within twenty-four (24) hours and abate the graffiti.

(1) The city may offer a reward in an amount to be established by the City of Show Low chief of police for information leading to the identification and indictment of any person who violates subsection (B)(1) of this section. The violator must reimburse the city for any reward paid. If multiple persons contribute information, the reward will be divided in a manner the city deems appropriate.

(2) Claims for reward must be submitted through the anonymous crime tip service used by the city.

(3) No reward claim is allowed unless the city has investigated and verified the accuracy of the claim and determines the requirements of this section have been met.

(F) Anti-Graffiti Trust Fund. The city council hereby creates the City of Show Low anti-graffiti trust fund. The proportion of the penalties, litigation costs, and recoverable court costs assessed against and paid by violators of subsection (B)(1) of this section that accrue to the city will be placed in the anti-graffiti trust fund. Additional funds received from property owners for more extensive removal, painting, or repair under subsection (C)(3) of this section and any monetary donations received from persons wishing to contribute to this cause will also be placed in the anti-graffiti trust fund. The city manager will direct the expenditures of monies in this fund. Expenditures are limited to payment for the cost of graffiti removal, painting, or repair, rewards for information leading to the successful arrest and indictment of violators of subsection (B)(1) of this section, the costs of administering this section, and such other public purposes that are involved with graffiti abatement. (Ord. No. 2009-15, § 1, 11-17-09. 1976 Code § 10-1-24)