6 City Code/Graffiti
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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 ofChanhassen is enacting this ordinance to help prevent
the spread of graffiti vandalism and to establish a program for the removal of graffiti trom 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 trom 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 w}¡ich to be, all to the detriment of the city.
(c) The city council intends, through the adoption of this ordinance, to provide additional .
enforcement tools to protect public and private property trom 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
meanmg:
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.
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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 occùpant 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 of graffiti 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 of property 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.
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