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Ordinance 311CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 311 AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE, ADDING ARTICLE V, GRAFFITI THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 13 of the Chanhassen City Code is amended to add the following Article: ARTICLE V. GRAFFITI Section 13-38. Purpose and Intent. (a) The city council of the City of Chanhassen is enacting this ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The council is authorized to enact this ordinance pursuant to its police powers. (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. 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. n LJ (c) The city council intends, through the adoption of this ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The council does not intend for this ordinance to conflict with any existing anti - graffiti state laws. Section 13-39. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aerosol paint container means 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 means 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. 89560 Etching equipment means any tool, device or substance that can be used to make • permanent marks on any natural or man-made surface. • Graffiti means any unauthorized inscription, word, figure, painting 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, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or despite advance authorization is otherwise deemed a public nuisance by the city council. Graffiti implement means an aerosol paint container, a broad -tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. Paint stick or graffiti stick means 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. Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. Section 13-39. Prohibited Acts. (a) Defacement. 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 ofgraffiti implements. Unless otherwise authorized by the owner or occupant, it is unlawful for any person to possess any graffiti implement while: (1) within 200 feet of any graffiti located in or on a public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by a governmental agency; or (2) within 200 feet of any graffiti located in any public place, or on private property, between the hours of 10:00 p.m. and 5:00 a.m. Section 13-40. 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 ofproperty owner. It is the duty of both the owner of the property to which the 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. 89560 2 • n �J Section 13-41. Removal of Graffiti. (a) By perpetrator. Any person applying graffiti on public or private property has the duty to remove the graffiti within 24 hours after notice by the city or private owner of the property involved. This removal must be done in a manner prescribed by the city manager, chief of police, city engineer or their designees. Any person applying graffiti is responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal will constitute an additional violation of this article. Where graffiti is applied by a person underl8 years old, the parents or legal guardian will also be responsible for such removal or for the payment for the removal. (b) By property owner or city. If graffiti is not removed by the perpetrator according to paragraph 1, the city may order that the graffiti be removed 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 in city code section 13-4. 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 city code section 13-4. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 23id day of October, 2000 by the City Council of the City of Chanhassen. CITY OF CHANHASSEN B. y %Cct �A4� - Nancy K. Mancino, Mayor ATTEST: By: Scott A. Botcher, Clerk/Manager (Published in the Chanhassen Villager on November 23, 2000 - summary) 89560 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 311, AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE BY ADDING ARTICLE V CONCERNING GRAFFITI The purpose of this code amendment is to enact an ordinance to prevent the spread of graffiti, establish a program for the removal of graffiti, and provide additional enforcement tools to protect the public and private property from acts of graffiti vandalism within the City. A printed copy of Ordinance No. 311 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 13th day of November, 2000, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Scott A. Botcher, City Manager/Clerk (Published in the Chanhassen Villager on November 23, 2000 ). CITY OF CHANHASSEN CARVER AND HENNEPIN . COUNTIES, MINNESOTA - SUMMARY OF ORDINANCE NO. 311, AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY, CODE BY ADDING ARTICLE V CONCERNING GRAFFITI The purpose of this code amendment is to enact an ordinance to prevent the spread of graffiti, establish a program for the removal of graffiti, and provide additional enforcement tools to protect the public and private property from acts of graffiti vandalism within the city. A printed copy of Ordinance No. 311 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 1 P.,d f N6v=*br c �i�► dug", Council of thc< City 6 C i , CI'I"Y' OF HANHAkSEN' Scott A. Botcher, City Manajef/Clerk (Published in the Chanhassen Villager on Thursday, November 23, 2000; No. 4424) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 41YO was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lowar case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind a si of type used in the comp i 'on and publication of the Notice: n abcdefghijklmnopgr Subscribed and sworn before me on this day of 2000 Notary Public or his designated agent NZ k %±tjT�.?`L u' fit; f A)P"NFOTA C o;r� ise en wxp,res Jan. 31. 2005 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $13.00 per column inch Maximum rate allowed by law for the above matter ................................ $13.00 per column inch Rate actually charged for the above matter ................................................ $9.25 per column inch