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HomeMy WebLinkAboutOrdinance No. 06-1681 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 06-J\o<6\ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 13 BY ADDING ARTICLE VII, "GRAFFITI PARAPHERNALIA, POSSESSION AND PREVENTION"; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITION OF DEFACEMENT; PROVIDING FOR THE PROHIBITION OF POSSESSION OF GRAFFITI PARAPHERNALIA BY MINORS; PROVIDING FOR THE PROHIBITION OF POSSESSION OF GRAFFITI PARAPHERNALIA IN DESIGNATED PUBLIC PLACES; PROVIDING FOR LIMITING ACCESS TO GRAFFITI PARAPHERNALIA BY MINORS; PROVIDING FOR DECLARING GRAFFITI A PUBLIC NUISANCE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that there is a widespread use of spray paint in the permanent defacement of public and private property within the City, which defacement has become a serious problem; and, WHEREAS, the defacement or marring of public and private property has contributed to the blight and degradation of neighborhoods and public places; and, WHEREAS, graffiti is typically applied to said property by means of pressurized spray cans, containing paint, which are widely available to persons of all ages in hardware and department stores, supermarkets and similar establishments within the City; and, WHEREAS, the easy application and ready accessibility to spray paint facilitates its use and hinders enforcement agencies from preventing persons from defacing pubic and private property or apprehending those committing the offensive conduct; and, WHEREAS, the cost of removing such graffiti has become an intolerable financial burden to the owners of private property within the City and to public property itself within the City; and, WHEREAS, such graffiti unless promptly removed is an eyesore to the community and seriously erodes all efforts to improve the quality of life within the City; and WHEREAS, a substantial portion of the defacement of public and private property has been caused by minors using spray paint containers obtained both legally and illegally. 1 67263 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 13, by adding Article VII. Graffiti Paraphernalia, Possession and Prevention, which shall read as follows: "ARTICLE VII. Graffiti Paraphernalia, Possession and Prevention Sec. 13-80. Purpose and intent. The purpose of this Ordinance is to help prevent the spread of graffiti on City- owned property and noncity owned property within the incorporated area of the City. The City as a home rule city has the general police power to prohibit the placement of graffiti and other inscribed materials from private as well as public property. The City Council finds and determines that graffiti is obnoxious and a public nuisance and unless the City causes it to be removed from city-owned and noncity-owned property within the incorporated area of the City, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City. It is the purpose of the City Council of the City of The Colony, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on walls, natural objects and structures. Such acts are destructive of the rights and values of property owners as well as the entire community. Sec. 13-81. Definitions. As used in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: Aerosol paint container shall mean any aerosol container which is adapted or made for the purpose of applying spray painting, or other substance capable of defacing property. Felt tip marker shall mean any indelible marker or similar paraphernalia with a tip which, at its broadest width, is greater than one-eighth of an inch, containing ink or other pigmented liquid which is not water soluble. Graffiti shall mean any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, 2 67263 painted, or engraved on or otherwise affixed to or on any surface of city-owned property or noncity-owned property within the incorporated areas of the City by or with, but not limited to, any of the following: felt tip marker, paint stick or graffiti stick, or graffiti paraphernalia, to the extent that the same was not authorized in advance by the owner or occupant thereof. Nothing contained in this definition shall be construed to include the marking or painting of roadways, placement of government signs, street construction or underground placement markings for utilities or construction by the City or its licensees. Graffiti paraphernalia shall mean an aerosol paint container, a felt tip marker, gum label, paint stick or graffiti stick, etching tool, or any other device capable of scarring or leaving a visible mark on glass, metal, concrete or wood or any other surface. Minor shall mean any person under the age of 17 years of age. Paint stick or graffiti stick shall mean 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 upon application, of leaving a mark at least one-eighth of an inch in width. Sec. 13-82. Unlawful to apply, Prohibition of defacement. It is unlawful for any person to apply graffiti to any trees or structures, including, but not limited to, buildings, walls, fences, poles, and signs (hereinafter referred to collectively as "structures") on any city-owned property or without the permission of the owner or occupant, on any noncity-owned property within the incorporated city limits of the City of The Colony, Texas. Sec. 13-83. Possession of graffiti paraphernalia on school property by minors prohibited. (a) It is unlawful for any minor to have in his or her possession any graffiti paraphernalia while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to these specific locations upon public property w.hen such facilities are closed to the public or students. (b) Upon private property without the prior consent of the owner or occupant of such private property. (c) It shall be an affirmative defense to the provisions of this article that the possession of felt tip markers by minors attending, or traveling to or from school at which the minor is enrolled, if the minor participating in a class at said school which formally requires the possession of felt tip markers. The burden of proof in any prosecution for violation of this article shall be upon the minor student to establish the need to possess a felt tip marker. 3 67263 Sec. 13-84. Possession of graffiti paraphernalia prohibited in designated public places. It is unlawful for any person to have in his or her possession any graffiti paraphernalia while in or upon any street, alley, sidewalk, public facility, park, playground, swimming pool, recreational facility, or other public building owned or operated by the City or while in or within 100 feet of an underpass, bridge, abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City. Sec. 13-85. Limiting access to graffiti paraphernalia by minors. It is unlawful for any person, other than a parent, legal guardian, or person acting in loco parentis to sell, exchange, give, loan or otherwise furnish or cause to permit to be exchanged, given, loaned, or otherwise furnished, any graffiti paraphernalia to any minor without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing. Sec. 13-86. Graffiti declared public nuisance. (a) The existence of graffiti on any city-owned property is expressly declared to be a public nuisance. (1) The city council hereby finds and declares graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained or otherwise permitted by state law. (2) No person shall post, affix, or attach any handbill, poster, or placard on any city-owned property, or without the permission of the owner or occupant, on any noncity-owned property within the incorporated area of the City. The police department, department of public works, code enforcement, and any other city department head, as authorized by the city manager may remove graffiti from city owned property. Sec. 13-87. Penalties. It is the City's intent that all acts of graffiti vandalism occurring within the City shall be prosecuted as a misdemeanor pursuant to this article and shall be punishable by a fine not to exceed five hundred dollars ($500.00), and by the performance of community service in the form of graffiti clean-up. Each person, firm, corporation, or partnership shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of the provisions of this article is committed, or continued by such person, firm, corporation, or partnership, and shall be deemed punishable thereof as provided in this article." 4 67263 SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 21st day of August 2006. ATTEST: bt - !;vI ... - I ,~~ .~~JV--, Chri Ie Wilson, City Secretary Robert E. Hager, Cit (REH/cdb 03/29/ 6) 5 67263