Chapter 9.12
GRAFFITI
Sections:
9.12.030 Possession of graffiti implement prohibited.
9.12.060 Graffiti removal – Notice and procedures.
9.12.010 Definitions.
“Abate” means to remove graffiti from the public view.
“Aerosol paint container” means any aerosol container adapted or made for spraying paint.
“Etching device” means a glass cutter, awl or any device capable of scratching or etching the surface of any structure or personal property.
“Felt tip marker” means an indelible marker or similar implement with a tip which, at its broadest width, is greater than one-fourth inch.
“Graffiti” means any inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface with paint, ink, chalk, dye or other similar substance, regardless of content, which is visible from premises open to the public, such as public rights-of-way or other publicly owned property, and that has been placed upon any real or personal property, such as buildings, fences, and structures, without authorization from the owner or responsible party.
“Graffiti implement” means an aerosol paint container, a felt tip marker, an etching device, or a graffiti stick.
“Graffiti nuisance property” means a property upon which graffiti has been placed and such graffiti has been permitted to remain for more than seven days after the property owner of record or occupant has been issued written notification.
“Graffiti stick” means a 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, leaving a mark at least one-fourth of an inch wide.
“Manager” means the Cornelius city manager or the manager’s designee who is responsible for the administration of the graffiti nuisance abatement program under this chapter.
“Occupant” means any person, tenant, sublessee, successor or assignee that has control over property.
“Owner” means any person, agent, firm or corporation having a legal or equitable interest in a property and includes but is not limited to a mortgagor in possession, an occupant, or a person, agent, firm or corporation that owns or exercises control over items of property, such as utility poles, drop boxes, postal collection boxes, and other types of containers.
“Permit” means to knowingly allow, suffer, or acquiesce by a failure, refusal or neglect to abate.
“Premises open to the public” means all public spaces, including but not limited to streets, alleys, sidewalks, parks, rights-of-way and public open space, and private property onto which the public is regularly invited or permitted to enter for any purpose.
“Property” means any real or personal property, including but not limited to items affixed or appurtenant to real property or premises, house, building, fence, or structure, and items of machinery, drop boxes, waste containers, utility poles and vaults, and post office collection boxes.
“Responsible party” means an owner, an entity or person acting as an agent for an owner by agreement, that has authority over the property or is responsible for the property’s maintenance or management. There may be more than one party responsible for a particular property.
“Unauthorized” means without consent of the owner, occupant or responsible party. [Ord. 876 § 1 (Exh. A), 2006; Code 2000 § 6.230.010.]
9.12.020 Graffiti prohibited.
(A) It is unlawful and a violation of this chapter for any person to place, or put by any means, any drawing, inscription, figure, symbol, mark, or any type of commonly known graffiti on any public or private property without the consent of the owner of the premises on which the property is located, or upon natural surfaces such as rocks, trees or any surface whatsoever. It is unlawful and a violation of this chapter for any person to solicit or command another person to apply graffiti or aid or abet another person in applying graffiti.
(B) A violation of subsection (A) of this section is a violation punishable by a maximum fine not to exceed $500.00. Each wall or object upon which graffiti is placed constitutes a separate violation. Each day on which a violation occurs or continues is a separate violation. [Ord. 876 § 1 (Exh. A), 2006; Code 2000 § 6.230.020.]
9.12.030 Possession of graffiti implement prohibited.
(A) No person may possess, with the intent to unlawfully apply graffiti on any real or personal property of another, any graffiti implement.
(B) Unlawful possession of a graffiti implement is a violation of this chapter punishable by a maximum fine not to exceed $500.00. Each day on which a violation occurs is a separate violation.
(C) In addition to issuing a citation, a graffiti implement used or possessed in violation of this section may be immediately seized and impounded by the police department. The court, upon disposition of the issued citation, shall determine whether the instrument shall be returned to the defendant or deemed to be contraband subject to destruction under Oregon law. [Ord. 876 § 1 (Exh. A), 2006; Code 2000 § 6.230.030.]
9.12.040 Other violations.
(A) Any property located in the city of Cornelius that becomes a graffiti nuisance property is in violation of this chapter and is subject to its remedies.
(B) Every responsible party who permits a property to become a graffiti nuisance property is in violation of this chapter and subject to its remedies.
(C) Any retail business located in the city of Cornelius that sells “aerosol paint containers” as defined in CMC 9.12.010 and displays those containers is required to secure those aerosol paint containers in a locked display case requiring an employee to open that case and retrieve the aerosol paint container. Failure to secure aerosol paint containers in a locking display case is a violation of this chapter and punishable by a fine of up to $500.00. [Ord. 876 § 1 (Exh. A), 2006; Code 2000 § 6.230.040; Ord. 889 § 1, 2007.]
9.12.050 Community service.
In lieu of a portion of any fine that may be imposed under CMC 9.12.020 and 9.12.030, the court shall order the violator to perform community service, unless the court finds that special circumstances exist that would preclude such service. Reasonable effort shall be made to require the violator to perform a type of community service that is reasonably expected to have the most rehabilitative effect on the person, preferably community service that constitutes in significant part the removal of graffiti. [Ord. 876 § 1 (Exh. A), 2006; Code 2000 § 6.230.050.]
9.12.060 Graffiti removal – Notice and procedures.
(A) The owner or occupant of any property within the city of Cornelius shall remove any graffiti from that property within seven days of the graffiti’s appearance.
(B) Whenever the manager determines that graffiti exists on any property in the city, the manager may issue an abatement notice. The owner or occupant shall have seven days after the date of service of the notice to remove the graffiti.
(C) The notice shall be served by addressing the notice to the owner and occupant and delivering it by personal service or by mailing it as certified mail. Service may also be accomplished by posting the notice in a clearly visible location on the subject property.
(D) If the person who was served the notice is unable to remove, or cause to remove, the graffiti within the seven-day period due to a hardship, he or she may apply to the manager for an extension of time in which to remove the graffiti. For purposes of this subsection, “hardship” includes but is not limited to serious illness or disability, extremely inclement weather that temporarily prevents removal of the graffiti, or other extraordinary circumstance.
(E) If graffiti is not removed within seven days after serving notice on the owner and occupant, the manager may cause a citation to be issued to the owner or occupant or both requiring the person to appear in Cornelius municipal court.
(F) Failure to remove graffiti as required by this section is a violation punishable by a fine of up to $150.00. Each day the graffiti remains after the notice is sent constitutes a separate offense.
(G) The city manager may adopt rules and procedures to implement this chapter. [Ord. 876 § 1 (Exh. A), 2006; Code 2000 § 6.230.060.]