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HomeMy WebLinkAbout022370 ORD - 10/10/1995AN ORDINANCE PROHIBITING CERTAIN CONDUCT RELATING TO GRAFFITI; AUTHORIZING MEASURES FOR GRAFFITI CONTROL; ESTABLISHING CRIMINAL PENALTIES FOR VIOLATIONS; AND PROVIDING FOR SEVERABILITY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 33, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Corpus Christi, Texas, is hereby amended by adding a new Article VI, Graffiti Control, to hereafter provide as follows: ARTICLE VI. GRAFFITI CONTROL Sec. 33-100. Purpose and intent. The city council enacts this article to help prevent the spread of graffiti vandalism and to facilitate removal of graffiti from public and private property. The council finds that graffiti is a public nuisance and destructive of the rights and values of property owners and 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 infected and become less desirable places in which to live and support families. Graffiti erodes property values which reduces critical tax base. Graffiti intimidates citizens and promotes a lawbreaking environment. The council finds that existing law is inadequate to combat graffiti in the city. This article is intended to provide additional enforcement tools to protect public and private property from graffiti, and shall not be construed to conflict with existing state laws. Sec. 33-101. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases shall have the meanings designated. (1) s195\graffiti.8 .as 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. R 1 ,;'7U tALC UEILMEU 2 (2) CONSENT means assent in fact, express or apparent, by a person legally authorized to act for the owner. (5) FELT TIP MARKER means any felt tip marker or similar implement with a flat or angled writing surface that, at its broadest width, is one-fourth inch or greater, containing ink whether water soluble or not. (6) GRAFFITI means any inscription, word, letter, figure, painting, drawing, mark, 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, without advance consent of the owner. (7) GRAFFITI IMPLEMENT means any aerosol paint container, paint gun, paint ball gun, felt tip marker, paint stick or graffiti stick, brush, or etching tool or etching device capable of scarring, marking, or otherwise defacing glass, metal, concrete, wood, or any surface. (10) MINOR means any person under 18 years of age. (11) OWNER means any person who has title to the property or legal right to control the property, including the owner's authorized representative. (12) 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 , and upon application, leaving a visible mark. Sec. 33-102. Prohibited acts. (a) Defacement. Application of graffiti is unlawful under Texas Penal Code Section 28.03 (Criminal Mischief) and shall be prosecuted thereunder. (b) Minor's possession of graffiti implement. A minor commits an offense if the minor possesses a graffiti implement on public or private property It shall be a defense to prosecution that the graffiti implement was possessed with the advance consent of the property's owner. It shall be a further defense to prosecution that the graffiti implement was possessed in a place where it was going to be used in a non -graffiti activity, such as employment, school, church, art, or other activity, or enroute to or from such place. (c) Closed property - possession of graffiti implement. A person commits an offense if he possesses a graffiti implement in any publicly -owned or privately -owned building, facility, park, school ground, playground, swimming pool, right of way, or other property, or grounds thereof, sf95\graffiti.8 .as T 1 T 3 when such property is closed to the public. It shall be a defense to prosecution that the person's presence in the closed area was with the advance consent of the owner. (d) Failure to remove graffiti. A person who applies graffiti commits an offense every day the person fails to remove the graffiti and restore the property to its original condition. (e) Parental duty. A parent may be prosecuted under City Code Section 33-48 for lack of supervision related to graffiti, and is civilly liable for graffiti damage regardless of fault under Texas Family Code Section 33.01. Sec. 33-104. Anti -graffiti action. The city manager and his designee are directed to consider and implement, as found appropriate, measures aimed at graffiti control, including but not limited to: (1) Providing public information on free and restitutional graffiti removal programs and on contractors who perform removal services. (2) Coordination of governmental and volunteer graffiti removal programs. (3) Providing information on methods to discourage graffiti, such as building techniques, lighting, and landscaping. (4) Creating a reward program for information concerning graffiti vandals, with public advertisement thereof. (5) Prompt removal of graffiti from city -owned property. (6) Encouragement to business and home owners to remove graffiti as soon as possible. (7) Encouraging a paint bank from which community-based groups or individuals may obtain paint and materials needed to remove graffiti, and encouraging businesses and other potential donors to contribute to the paint bank. (8) Education of parents and the public that parents are liable for damages caused by their child's graffiti. (9) Encouraging anti -graffiti education in schools. (10) Establishment of a system for the city to accept assignment of claims from graffiti victims in order to file damage suits against parents and graffiti vandals. s195\grafti.8 .as 4 (11) Annual evaluation of the effectiveness of this ordinance, and recommendation to the Council on the possible need to adopt additional measures. Sec. 33-105. Criminal Penalty. An offense under this Article VI, Chapter 33, shall be punished by a fine of not less than $200.00 nor more than $500.00. A second conviction of violation of this ordinance and any subsequent violations thereof shall be punished by a fine of $500.00. SECTION 2. Section 33-48, Commission of offense by minor child - Parental responsibility therefor, of the Code of Ordinances of the City of Corpus Christi, Texas, is hereby amended by amending subsection (b)(5) and adding a new subsection (c)(2)(d) so that the section hereafter provides as follows: Sec. 33-48. Commission of offense by minor child -Parental responsibility therefor. (a) Offenses. (1) A parent commits an offense when, acting with the intent to promote or assist the commission of an offense under this Code, such parent solicits, encourages, directs, aids, or attempts to aid his minor child to commit an offense. (2) A parent commits an offense if, acting recklessly or with criminal negligence, he fails to perform a parental duty to prevent his minor child from engaging in delinquent conduct or conduct indicating a need for supervision. (b) Definitions. As used in this section, the following terms have the following meanings: (1) "Delinquent conduct" means that conduct defined in Texas Family Code Section 51.03(a). (2) "Conduct indicating a need for supervision" means that conduct defined in Texas Family Code Section 51.03(b). (3) "Reckless mental state" means that mental state described in Texas Penal Code Section 6.03(c). (4) "Criminally negligent mental state" means that mental state described in Texas Penal Code Section 6.03(d). sf95\graffiti.8 .as 7 T T 5 (5) "Minor" means an individual under the age of eighteen (18) scvcntccn (17) years. (6) "Parent" means a natural or adoptive parent, stepparent, person in loco parentis, or legal guardian of the person of the child. (c) Parental duties. (1) It is the continuous duty of a parent of any minor to exercise reasonable control to prevent the minor from engaging in delinquent conduct or conduct indicating a need for supervision. (2) parental duties include, but are not limited to, the following: (a) Keeping illegal drugs and illegal firearms out of the home; (b) Providing reasonable supervision of the minor child; (c) Forbidding the minor from keeping stolen property, or illegally possessing firearms or illegal drugs; j� Preventing the child from applying graffiti or possessing graffiti implements as defined in Section 33-101 of the Code. (d) Administration and application. Prosecutors and judges are directed that the primary goal of this section is to bring about positive change in parental behavior. Circumstances of the individual defendant should be considered. Where appropriate, non -punitive alternatives such as deferred adjudication conditioned upon counseling or parenting courses are preferred. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. sf95\graffiti.8 .as 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the 20 day of SPp-re net y , 19 C� 5 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols(T ,l , That the�yfo�regoing ordinance wws�.ead for the second time and passed finally on this the lc -day C/ of L{Q ( , 19 J , by the following vote: Mary Rhodes l� ___ Betty Jean Longoria Dr. Jack Best John Longoria Betty Black �!' ,. i Edward A. Martin Melody Cooper W ' Dr. David McNichols r Qom' Tony Heldenfels PASSED AND APPROVED, this the (0 day of Din , 1995. ATTEST: City Secretary APPROVED THIS ca/at DAY OF MAYOR THE CITY OF CORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORNEY , 1995: Sally C' ark Farris, Assistant City Attorney sf95\graffiti.8 .as ‘;:;70 �r r PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 183012 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022370 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 16Th day(s) of OCTOBER, 1995 ONE (1) Time(s) $ 27.20 r. .'py ti o z U • • S _ 14 ttttttttt„ co 0 N Y -- C_3 U to Vice -President and Chief Financial Officer Subscribed and sworn to before me this 20TH day of OCTOBER. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.