Ord 79-2008 12/16/2008 . � . �
ORDINANCE NO.� ��d0
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING SECTIONS 78-116 THROUGH 78-127 OF
THE CODE OF ORDINANCES RELATED TO GRAFFITI; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Wichita Falls City Council finds and determines that graffiti is a
public nuisance; and,
WHEREAS, graffiti encourages vandalism, produces urban blight and tends to
reduce the value of public and personal property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 78, Article IV of the Code of Ordinances is hereby
amended in its entirety, so that such Article shall hereafter read as follows:
"Sec.78-116. 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 aerosol paint, spray paint or another substance capable of
defacing property.
Aerosol paint means any aerosolized paint product, including a clear or
pigmented lacquer or finish.
Graffiti means any marking, including inscriptions, slogans, drawings, or
paintings, made with a graffiti implement on tangible property without the effective
consent of the owner of the property.
Graffiti implement means any aerosol paint, aerosol paint container, broad tip
marker, gum label, paint stick or graffiti stick, etching or engraving device, brush or any
other device capable of scarring or leaving a visible mark on any natural or manmade
surFace.
Guardian means:
(1) A person who, under court order, is the guardian of the person of a minor;
or
(2) A public or private agency with whom a minor has been placed by a court.
Minor means an individual younger than 17 years of age.
Owner means any person with legal right of possession to tangible property.
Parent means a person who is a natural parent, adoptive parent, or stepparent of
another person.
Person means any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
Sec. 78-117. GrafFiti as nuisance; prohibition.
(a) Graffiti as defined by 78-116 is hereby declared a nuisance and is
prohibited.
(b) It shall be unlawful for any person to apply graffiti to any natural or
manmade surFace of any city-owned or non-city-owned property.
Sec.78-118. Penalties.
(a) Any person who violates section 78-117 or any part of sections 78-119
through 78-123 of this article shall be guilty of a violation punishable by a fine as
follows:
(1) Not less than $300.00 or more than $500.00 for a first violation;
(2) Not less than $400.00 or more than $500.00 for a second violation of
this article within one year; and
(3) Not less than $500.00 for a third violation of this article within one
year.
(b) In lieu of payment of any fine imposed upon conviction, any person or
establishment may participate in a graffiti removal and/or abatement program approved
by the city. The fine amount imposed shall be discharged at a rate per hour's
participation to be determined by the Municipal Court Judge.
Sec. 78-119. Sale of aerosol paint to minors.
(a) A person commits an offense if, with criminal negligence, he sells aerosol
paint to a minor.
(b) It is a defense to prosecution that the minor falsely represented himself to
be 17 years old or older by displaying an apparently valid state driver's license or
identification card issued by the state department of public safety containing a physical
description consistent with his appearance for the purposes of inducing the person to
sell him aerosol paint.
Sec. 78-120. Furnishing aerosol paint to minor.
(a) A person commits an offense if, with criminal negligence, he purchases
aerosol paint for or gives or makes available aerosol paint to a minor.
(b) It is a defense to prosecution that the person was the minor's adult parent,
guardian, or spouse, or an adult in whose custody the minor was committed by a court,
and the person was visibly present when the minor possessed or used the aerosol paint
product.
Sec. 78-121. Possession of aerosol paint and graffiti implements by
minors.
(a) It shall be unlawful for a minor to possess aerosol paint of any sort or
character.
(b) It shall be unlawful for a minor to possess any graffiti implement while on
any school property or in areas immediately adjacent to school property upon public
property or upon private property without prior written consent of the owner or occupant
of such private property.
(c) It is a defense to prosecution that at the time of possession the minor was
accompanied or supervised by a parent or guardian, a teacher in connection with a
bona fide school project, or a supervisor during the minor's regular employment.
(d) It is a defense to prosecution that the minor possessed the graffiti
implement on the property at which he or she lives.
(e) It is a defense to prosecution that the possession occurred as part of an
organized event sponsored or supervised by the city, a school, a church, or some other
officially recognized entity.
Sec. 78-122. Possession of graffiti implement on city property.
It shall be unlawful for any person to possess any graffiti implement while in or
upon any public facility, transportation vehicle, park, playground, swimming pool,
recreation facility, or other public building or structure owned or operated by the city or
while in or within 50 feet from an underpass bridge abutment, storm drain, or similar
type of infrastructure, unless authorized by the city.
Sec. 78-123. Responsibility of a parent or guardian.
A parent or guardian of a minor commits an offense if he knowingly permits or by
insufficient control allows the minor to create graffiti.
Sec. 78-124. Owner responsibility.
(a) It shall be unlawful for an owner to permit graffiti to remain on his property.
(b) The Building and Code Administrator or his designee shall serve the
property owner with written notice to abate graffiti from the property within 15 calendar
days after the date the notice is served. The notice to abate the graffiti shall be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's address as
recording in the appraisal district records of the appraisal district in
which the property is located; or
(3) If personal service cannot be obtained, by:
a. Publication at least once;
b. Posting the notice on or near the front door of each building on
the property on which the graffiti exists; or
c. Posting the notice on a placard attached to a stake driven into
the ground on the property on which the graffiti exists, if the
property contains no building.
(c) If the city mails a notice to a property owner in accordance with this
section and the United States Postal Service returns the notice as "refused" or
"unclaimed," the validity of the notice is not afFected, and the notice is considered
delivered.
Sec. 78-125. Content of notice to owner and removal by city at owner's
request.
(a) The notice provided to an owner described in Section 78-124 shall include
the following:
(1) The date and nature of the graffiti, to include a description of the
graffiti detailing the color and approximate size and location of the
graffiti;
(2) The physical location of the property on which the graffiti exists by
street address or lot and block number;
(3) The name of the owner;
(4) A statement that the owner may contact the city and request that
the city remove the graffiti for the owner; and
(5) A permission and release form for city graffiti removal.
(b) If a property owner wishes to have the city remove graffiti, whether the
owner has received a notice for the graffiti or not, the owner shall:
(1) File a police report with the Wichita Falls Police Department;
(2) Give written permission and release the city, its contractors, and/or
volunteer personnel from liability in the perFormance of the graffiti
abatement program by completing a permission and release from
liability form; and
(3) Pay $50 to the city in advance for the cost of materials and labor for
graffiti abatement.
Sec. 78-126. Failure to abate graffiti.
If the graffiti is not removed by the owner, or if the owner fails to notify the city to
perForm abatement as outlined in Sec. 78-125(b) within 15 calendar days after the date
notice is given, the city may, without further notice, make entry upon the property by it,
its contractors and/or volunteer personnel, and remove the graffiti. If the city removes
the graffiti after notice is given and the 15 calendar day after the date of the notice has
passed, and without prior arrangement under 78-125(b), a fee of $150 will be charged
to the property owner for the expense of removal and a lien may be filed against the
property.
Sec. 78-127. Assessment of expenses; liens.
(a) The city may assess the $150 for expenses incurred by the city for the
abatement of graffiti pursuant to section 78-126 against the real property on which the
graffiti abatement was done.
(b) To obtain a lien against the property, the Building and Code Administrator
must file a statement of expenses with the county clerk of the county in which the
property is located.
(c) The lien is security for the expenditures made and interest accruing at the
rate of ten percent per annum on the amount due from the date of payment by the city.
(2) The physical location of the property on which the graffiti exists by
street address or lot and block number;
(3) The name of the owner;
(4) A statement that the owner may contact the city and request that
the city remove the graffiti for the owner; and
(5) A permission and release form for city graffiti removal.
(b) If a property owner wishes to have the city remove graffiti, whether the
owner has received a notice for the graffiti or not, the owner shall:
(1) File a police report with the Wichita Falls Police Department;
(2) Give written permission and release the city, its contractors, and/or
volunteer personnel from liability in the performance of the graffiti
abatement program by completing a permission and release from
liability form; and
(3) Pay $50 to the city in advance for the cost of materials and labor for
graffiti abatement.
Sec. 78-126. Failure to abate graffiti.
If the graffiti is not removed by the owner, or if the owner fails to notify the city to
perform abatement as outlined in Sec. 78-125(b) within 15 calendar days after the date
notice is given, the city may, without further notice, make entry upon the property by it,
its contractors and/or volunteer personnel, and remove the graffiti. If the city removes
the graffiti after notice is given and the 15 calendar day after the date of the notice has
passed, and without prior arrangement under 78-125(b), a fee of $150 will be charged
to the property owner for the expense of removal and a lien may be filed against the
property.
Sec. 78-127. Assessment of expenses; liens.
(a) The city may assess the $150 for expenses incurred by the city for the
abatement of graffiti pursuant to section 78-126 against the real property on which the
graffiti abatement was done.
(b) To obtain a lien against the property, the Property Administrator or his/her
designee must file a statement of expenses with the county clerk of the county in which
the property is located.
(c) The lien is security for the expenditures made and interest accruing at the
rate of ten percent per annum on the amount due from the date of payment by the city.
(d) The lien is inferior only to tax liens and liens for street improvements.
Secs.78-128--78-149. Reserved."
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 16 day of December, 2008.
MAYOR
ATTEST:
it Clerk
.
.
. . .
Affidavlt of Publlcatlon :
THE STATE OF TEXAS #227748
COUNTY OF WICHITA
ORDINANCE NO. t�
On this 30 day of December 2008 A D...
ORD Y N CO�CIL T OF personally appeared before me, the undersigned authority
THE CITY OF WICHI-
TA FALLS, TEXAS Kathy Salan, Sales Assistant for the Times Publishing
AMENDING SEC-
TIONS 78-716 Company of Wichita Falls, publishers of the Wichita Falls
THROUGH 78-127 OF
THe cooe oF oRO�- Times/Record News, a newspaper published at Wichita Falls in
NANCESRELATED
TO GRAFFITI Wichita County, Texas, and upon being duly sworn by me, on
ORDIN�AN�CE No. oath states that the attached advertisement is a true and
ORDINANCE OF THE
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THE CITY OF WICHI- Py gp ��•
TA FALLS, TEXAS, on the followin date
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Sales Assistant for Times Publishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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