8a Anti-Graffiti Ordinance
CITY OF
CHANHASSEN
90 City Gmt" Drivt, PO Box 147
Chanh4SJln, Minnaola 55317
Phont612.9311900
Glntral FIJX 612.937.5739
Engintering FIJX 612.937.9152
Public Sa/tty FIJX 612.934.2524
Web www.ci.chanh4SJln.mn.UJ
lSa-
MEMORANDUM
TO: Mayor
City Council
Scott A. Botcher, City Manager ¿pc/!> / ~
FROM:
DATE:
October 2, 2000
SUBJ:
Graffiti
As you are aware, we have had some graffiti issues present in the community
recently. Sgt. Potts has referenced these in his monthly reports and you may
have seen some indications of graffiti yourselves as you move about the
community.
While generally I abhor the thought of creating legislation at the onset of any
perceived problem, I have concluded that it may be useful for the City to have
on its books a specific anti-graffiti ordinance so our law enforcement officials
can apply these specific regulations when situations warrant.
You will find attached a copy of an anti-graffiti ordinance from the City of
Minnetonka. It appears to be a fairly short but effective ordinance. I cannot
speak as to whether or not it has been effective in dealing with graffiti. We will
be placing calls to the City of Minnetonka to get their feedback on the issue. In
short, I am providing this memo and the Minnetonka ordinance to you for your
consideration so that if you as a Council wish to move in this direction, you at
least have an example of an ordinance used by a close neighbor of ours.
If you have any questions, please let me know. Thank you.
g:\user\scottb\graffiti.doc
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Minnetonka Code 01 Ordinances
CHAPTER 9: PUBLIC SAFETY\SECTION 950. ANTI-GRAFFm REGULATIONS.
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SECTION 950. ANTI-GRAFFITI REGULATIONS.
950.005. Purpose and Intent.
I. The city council of the city ofMinnetonka 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.
2. 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.
3. 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.
950.010. Definitions.
For the purposes of this section, the following words will have the meaning provided to
them in this section, except where the context clearly indicates a different meaning.
I. "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.
2. "Broad-tipped marker" means any feIt 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.
3. "Etching equipment" means any tool, device or substance that can be used to make
permanent marks on any natural or man-made surface.
4. "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.
5. "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.
6. "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.
7. "Person" means any individual, partnership, cooperative association, private
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corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
1. 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.
2. Possession of graffiti implements. Unless otherwise authorized by the owner or
occupant, it is unlawful for any person to possess any graffiti implement while:
a. 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
b. 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.
950.015. Prohibited Acts.
950.020. Graffiti as Nuisance.
1. Declaration. The existence of graffiti on public or private property in violation of this
ordinance is expressly declared to be a public nuisance and, therefore, is subject to the
removal and abatement provisions specified in this ordinance.
2. 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.
950.025. Removal of Graffiti.
1. 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, director. of operations and maintenance 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
ofthis ordinance. Where graffiti is applied by a person under18 years old, the parents or
legal guardian will also be responsible for such removal or for the payment for the removal.
2. By property owner or city. If graffiti is not removed by the perpetrator according to
paragraph I, 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 845.045. Ifthe 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 845.045.
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