Chapter 9.25
GRAFFITI*
Sections:
9.25.020 Unlawfully applying graffiti—Community service.
9.25.030 Unlawfully possessing a graffiti implement—Community service.
9.25.040 Community service as a condition of probation.
9.25.050 Parental responsibility.
9.25.060 Graffiti removal required.
* Prior history:
9.25.010 History: Ord. 1201 §1, 1994; Repealed by Ord. 1218 §1, 1995.
9.25.020 History: Ord. 1201 §1, 1994; Repealed by Ord. 1218 §1, 1995.
9.25.010 Definitions.
As used in this chapter:
(1) “Graffiti” means any inscriptions, words, figures, or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.
(2) “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces.
Statutory Reference: ORS 221.410
History: Ord. 1218 §1, 1995.
9.25.020 Unlawfully applying graffiti—Community service.
(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.
(2) Unlawfully applying graffiti is a Class “A” infraction.
(a) In addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, the court may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six month period.
Statutory Reference: ORS 221.410
History: Ord. 1218 §1, 1995.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.25.030 Unlawfully possessing a graffiti implement—Community service.
(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of this chapter.
(2) Unlawfully possessing a graffiti implement is a Class “B” Infraction.
(a) In addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, the court may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.
Statutory Reference: ORS 221.410
History: Ord. 1218 §1, 1995.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.25.040 Community service as a condition of probation.
(1) The court shall impose community service as a condition of a probation sentence when a person is convicted of mischief in the second or third degree and the conduct engaged in consists of defacing property by creating graffiti.
(2) The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the defendant does not consent to donate labor as required by ORS 137.128, the period of community service must be served under the supervision and control of the Clackamas County Department of Community Corrections.
Statutory Reference: ORS 221.410
History: Ord. 1218 §l, 1995.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.25.050 Parental responsibility.
In addition to any other remedy provided by law, the parent or parents of an emancipated minor child shall be liable for actual damages to personal property in connection with the removal of graffiti caused by such child in accordance with the provisions of ORS 30.765.
Statutory Reference: ORS 221.410
History: Ord. 1218 §l, 1995.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.25.060 Graffiti removal required.
The owner or person in charge of any property shall remove, or cause to be removed, any graffiti from such property within 14 days of the graffiti’s appearance. In circumstances where the graffiti cannot be removed and paint is used to cover the graffiti the owner or person in charge shall use a similar color relatively consistent with the existing color. Failure to remove graffiti shall be a Class A infraction.
Statutory Reference: ORS 164.383
History: Ord. 1480 §l, 2017.