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Home My WebLink AboutORD 2595BILL NO. 20 ORDINANCE NO. 2595 AN ORDINANCE AMENDING CHAPTER 8 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ENACTING A NEW CHAPTER 8, ARTICLE 19, SECTIONS 08 -19 -01 THROUGH 08 -19 -07 DEFINING TERMS USED IN THE ORDINANCE; PROHIBITING GRAFFITI AND PROVIDING FOR ITS REMOVAL; PROHIBITING THE POSSESSION OF GRAFFITI IMPLEMENTS IN CERTAIN CIRCUMSTANCES; PROVIDING THAT VIOLATION OF THE ORDINANCE SHALL BE A MISDEMEANOR; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 8 of the MUNICIPAL CODE OF THE CITY OF CALDWELL be amended by adding a new Article 19, Sections 08 -19 -01 through 08 -19 -07 as follows: ARTICLE 19 GRAFFITI SECTION: 08- 19 -01: 08- 19 -02: 08- 19 -03: 08- 19 -04: 08- 19 -05: 08- 19 -06: 08- 19 -07: DEFINITIONS M GRAFFITI PROHIBITED GRAFFITI REMOVAL REQUIRED GRAFFITI NOTICE TO REMOVE CITY ABATEMENT OPTION POSSESSION OF GRAFFITI IMPLEMENTS PENALTY e" P� _r �y DEFINITIONS M GRAFFITI PROHIBITED GRAFFITI REMOVAL REQUIRED GRAFFITI NOTICE TO REMOVE CITY ABATEMENT OPTION POSSESSION OF GRAFFITI IMPLEMENTS PENALTY 08- 19 -01: DEFINITIONS: As used in this chapter, the following words shall have the following meanings: P� �y ice) CO � 08- 19 -01: DEFINITIONS: As used in this chapter, the following words shall have the following meanings: A. GRAFFITI: 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 police department. B. GRAFFITI IMPLEMENT: 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 manmade surface. 08- 19 -02: GRAFFITI PROHIBITED: It is hereby declared to be a nuisance and to be unlawful for any person to place or put, by any means, any graffiti on any public or private property without the permission of the owner of the premises on which the surface is located, upon any natural surfaces such as rocks or trees, or upon any other surface whatsoever. 08- 19 -03: GRAFFITI REMOVAL REQUIRED: Any person found to be in violation of section 08 -19 -02 of this article shall be required to remove or cause to be removed the graffiti from the surface on which it was placed. Inasmuch as it is often not possible to determine the identity of the person who applied the graffiti, it shall be the duty of the owner or person in control of the premises on which the graffiti has been applied to promptly remove the graffiti after notice as hereinafter set forth. If, after notice as hereinafter provided, the graffiti nuisance is not abated, the city may proceed to abate the graffiti nuisance. 08- 19 -04: GRAFFITI NOTICE TO REMOVE: A. Whenever the chief of police or his designated representative discovers graffiti on any public or private property or any surfaces visible to persons utilizing public rights of way within the city, he shall, whenever seasonal temperatures permit the painting of exterior surfaces, cause a notice to be issued to the owner or person in control of the premises to abate the nuisance and remove the graffiti or cover it with paint or other substance masking the graffiti from view. B. Said notice shall be served upon the owner(s) and/or occupant(s) of the affected premises, as shown on the last property tax assessment rolls of Canyon County, Idaho, with a copy to the occupant of the premises. If there is no known address for the owner, the notice shall be served upon the owner at the property where the graffiti was applied. Service of the notice may be accomplished through personal service on the owner, occupant, or person in charge or control of the property, by mail, or by posting in a conspicuous place upon the premises. C. Notice shall be in writing and shall clearly state that the owner or person in charge or control of the property should remove from public view or paint over the graffiti within ten (10) days of receipt of the notice; that failure to so abate will cause the city to abate the nuisance; that the owner or person served may, within ten (10) days of receipt of the notice, deliver in writing to the chief of police his objections to the removal of the graffiti and request a hearing before the city council. 0 0 08- 19 -05: CITY ABATEMENT OPTION: Nuisances which remain unabated after notice, may, at the option of the city, be removed, abated or destroyed by the city or its agents, after the following steps have been taken: A. If after ten (10) calendar days from the date a written notice is personally delivered to the property owner, or mailed to the property owner's address as shown in current official Canyon County assessor records, no abatement of the nuisance has occurred, the designated enforcement officer shall provide a second ten (10) day notice to be delivered to the property owner by mail or personal service, which shall indicate that if the property owner fails to abate the nuisance or request a hearing before the city council on the issue of whether the nuisance should be abated, the city shall take steps to abate the same. If said notice is returned as undeliverable nothing shall preclude the city from exercising its abatement option as specified herein. B. When the second ten (10) day notice has expired without abatement of the nuisance and without a request for hearing, the mayor's designated enforcement officer is authorized to remove, abate or destroy the nuisance. The designated enforcement officer is authorized to utilize city personnel to abate the nuisance or to contact the mayor or chief of police in regard to contracting for an outside party to abate the nuisance. C. If the property owner requests a hearing to show cause before the city council, the hearing shall, if feasible, be placed on the agenda of the next regularly scheduled city council meeting. The decision of the city council shall be final. A ten (10) day period shall be given the property owner after the council decision so that the property owner shall have additional opportunity to abate the nuisance or to pursue any legal remedies or defenses at the district court level. 08- 19 -06: POSSESSION OF GRAFFITI IMPLEMENTS: A. By Minors at or Near School Facilities. It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of broad - tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad - tipped markers. B. In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the city or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar type of infrastructure unless otherwise authorized by the City. II Ki W. 7�mw r. F _ f _ 1 ob, fir - t 1 r _ if - ■ 7 '■ JI 1 ' 1 - _+ tom' � * .J 'ati I ' 1 '. Y 1 1 _ 1 1 ■ � 1 - 1 J ■ 1 ■ 1 L ■ • 1 � 1 J 1 1 1 _ l J 1 ' ' L - f• II 3� ' e■ 1 s 1 1 A 1 1 I ' f 1 1 II T ' �M1 ] �1 ■ ' - r