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)
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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.
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(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,
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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.
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(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).
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(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.
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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
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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)
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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.