HomeMy WebLinkAbout024202 ORD - 09/12/2000
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 33, OFFENSES AND MISCELLANEOUS
PROVISIONS, ARTICLE VI. GRAFFITI CONTROL, BY HOLDING
PROPERTY OWNERS RESPONSIBLE FOR THE REMOVAL OF
GRAFFITI FROM THEIR PROPERTY; PROVIDING FOR CRIMINAL
PROSECUTION FOR FAILURE TO REMOVE GRAFFITI FROM THEIR
PROPERTY; ALLOWING THE CITY, AFTER REASONABLE NOTICE, TO
REMOVE THE GRAFFITI IF THE PROPERTY OWNER FAILS TO DO SO;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 33 of the Code of Ordinances, Article VI. is amended to read as follows:
DIVISION 1. GENERAL PROVISIONS
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.
The council finds that property owners must take responsibilitv for removal of graffiti on
their propertv. This mav be done bv removal or ovemaintin~ bv the property owner, or bv the
property owner providing written permission for removal bv volunteers or communitv painting
groups.
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Sec. 33-101. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases shall have the
meanings designated.
Aerosol paint container means any aerosol container that is adapted or made for the purpose
of applying spray paint or anv other substances capable of defacing property.
Consent means assent in fact, express or apparent, by a person legally authorized to act for
the owner.
Felt tip marker means any felt tip marker or similar implement with a flat or angled writing
surface that, at its broadest width, is uHvfuu< 11,- ;",,,!, three-ei~hths of one inch or greater, containing
ink whether water soluble or not.
Graffiti means any unauthorized 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, ,,;tl,oul "d,iuiGG GO,I"Ghl oftl,G
V\lVUl".l.
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.
Minor means. for the purposes ofthis Article, any person under ~;gLIG"H twenty-one (+821)
years of age.
Owner means any person who has title to the property or legal right to control the property,
including the owner's authorized representative.
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.
Removal means anv method of obscuring, covering, eradicating, sandblasting, treating,
overpainting. or washing which serves to combat the existence and appearance of graffiti.
Unauthorized means without the advance consent ofthe owner and without authoritv oflaw,
regulation, or ordinance.
Volunteer or Communitv Service Paintinz GrouDs means organizations whose activities
include proiects to cover graffiti. This purpose does not include painting houses, fences, or
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structures to enhance their value.
DIVISION 2. OFFENSES
Sec. 33-102. P.vl.;h;I..~b Defacement.
@lD~fi:;a,lleJlt Application of rzraffiti. Application of graffiti is unlawful under Texas Penal
Code 28.03 (criminal mischief) and shall be prosecuted thereunder.
E' J U" . F fji .., A' . ffi 'f I .
l) lV.HflUf..} j/UJJI;;':'cHUfJ UJ (;' ~I :1 tflt}/tt;;1fn;flt. 11l1HVl .....Vll1l1ul;:, '111 v ......U.:l...... 1 t 1"-' lllHlVl
pv;:,;:,........,..,......, u olafht~ ~lupklU....Ht on public, 01 pli vat, plOpGltj.. It shall bG a deJG11&G to plosG(,ution that
tL,- gld[L.t~ ~1JJpk111\.,llt "va;, pv..,..,.......,..,""J YV~tL tl1\., aJVall.....l"., ""'uu..,.....ul oftLG plOpGltj'S 0\1,,11(,1. It shall be.
a fu, II,,,, d"r"usc to plosccntioh tl,at tl,c g,laffiti itupkmcnt ",as posscsscd ill a place "he,G it "as
e.V~lle. tv b...., u.:H,,,d;1I a HVllelaff;C aGti v it), SUdl as GlllploYUKllt, .5(,11001, dltl1Gh, all, 01 othu dGtl ~1ty,
Vi \....1Huuh., tv Vi GVl.ll .:lu.....llplul.-.......
( J E" , . r fj"" A . ffi 'f!
..... 1 U,) I;;U }/I uycr fy, j/U..}.}!;.)..}tUfl VJ l;t ~1. tft rlflj./te,JJerd. pGlSOll GOltllults an 0 (,113(, 1 }(..
vv;;G;;G; It g,ltfhl; ;"'I'"-",,,,jl;u au] l'uLI;"Iy- o"ncd vi pti,atd)-o"ncd btlilding" radIit), palk,
5<:.11001 glound~ playglouhd, !'",,~.1l1HI~Hg pOvl~ i~e,llt-vf-,,"ay, Vi vtlll.,1 Plvplo..-dy, 01 gl0tllld~ tl1lo..-1lo..-vf,
"I,,,,, ,u"l, l''VpCtl) is doscd to thG ptlblie It ;hall be a defGu;G 10 p,v6GGul;u" lI,ii[ [I,,, 1'",soJJ";
pIlo..-~lo..-lllo..-lo..- ~H tLlo..- lo..-lv~lo..-J UIlo..-U "Hl~ vvith tILe. ad"alKG GoltSGnt oftlK O""IK1.
W(b) Applicator's F u;iw ".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.
feJ10 Parental duty. A parent may be prosecuted under City Code section 33-48 for lack of
supervision related to graffiti , ahd is d, ill) liable A parent's civilliabilitv for graffiti damage
'''lS",J''-" uffatllt tlhdGI bv a child is controlled bv Texas Family Code section 41.001-33-:11t:
Sec. 33-103. Possession off!raffiti imolement.
(a) Minor's possession of rzraffiti 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 ofthe prooertv'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 nongraffiti activity. such as emplovment, school. church, art, or other activity,
or enroute to or from such place.
(b) Closed propertv: possession ofrzraffiti implement. A person commits an offense if he
possesses a graffiti implement in any publicly-owned or private lv-owned building, facility, oark,
school ground. plavground, swimming 0001. right-of-wav, or other orooertv, 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 adyance consent ofthe owner.
Sec. 33-104. Remoyal of l!raffiti by property owner; City remoyal of l!raffiti upon failure of
property owner to do so; notice reQuired.
(a) Prooerty owner's failure to remove eraffiti A person commits an offense if the person
is the owner of the propertv and knowinglv fails to remove. or fails to consent to the removal of
graffiti from the property, within 30 days of receipt of written notice provided by the City in
accordance with subsection (e) of this section when the graffiti is visible from:
ill A public place;
ill Public right-of-way; or.
ill Another person's property.
(b) Presumed lack of consent to aoolv. Unless the owner proves otherwise. lack of consent
will be presumed under circumstances tending to show:
ill That there is no evidence of specific written authorization of the graffiti bv
the property owner;
ill That the graffiti IS inconsistent with the design and use of the subiect
propertv: or.
ill That the person applving the graffiti was unknown to the property owner.
(c) Defense. It is a defense to prosecution that the defendant consented to placement of the
graffiti in advance of its application.
(d) City mav remove eraffiti, 'fthe property owner refuses to consent to the removal of the
Graffiti from the premises after receiving the notice required by subsection (e) of this section, the
City has the right to remove the graffiti from the premises or to have the graffiti removed from the
premises by yolunteer or communitv service painting groups.
(e) Notice of violation. The Citv must notifY the property owner in writing thatthe owner's
property appears to have graffiti. inform the owner that free removal is available through a specified
program, and inform the owner that the owner's consent to removal through the designated program
will be presumed unless the owner notifies the City otherwise within 15 days of the notice. The
notice may be served bv handing it to the person or bv United States certified maiL return receipt
requested. addressed to the owner at the owner's post office address as shown on the tax rolls of the
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city or of the countv in which the premises are located. Tfthe owner cannot be found or the letter is
returned bv the United States Postal Service. then the owner mav be notified by:
ill publishing the notice two times in a newspaper of general circulation;
ill posting the notice on or near the front door of each building on the premises
to which the violation relates: or
ill posting the notice on a placard attached to a stake driven into the ground on
the premises to which the violation relates. if the premIses contain no
buildings.
Sec. 33-105. Criminal penalty.
An offense under this article shall be punishable by a fine of uut !G,;, tl.<I.u t"o l,tludJ,d
d"lIals ($208.00) uO, ,IlO., thau five hundred dollars ($500.00), A sewu.:! wuv;d;ou of v;61"tion
uf tl.;, =t;~k a.id ,.,11 ;,ub,Ujuwt v;ol"tion, tlKI,,,f ,hall be ptlhishc.:! J.,l a Lu~ of Lv' lwndlcd
Jull=;, ($500,00).
DIVISION 3. ANTI-GRAFFITI ACTION
S,,~. 33-104. Sec. 33-106. Anti-e:raffiti action.
The city City hl,lllage. Manager alid his or City Manager's designee -are is directed to
~uu,;J~. =.J implement, a;, fouud al'l" 01" ;<lk as resources permit, 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) Coordinating governmental and volunteer graffiti removal programs through the
formation of a Graffiti Task Force made UP of community stakeholders working on the eradication
of graffiti.
(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) Removing graffiti promptly from city-owned property, including traffic boxes.
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(6) Requiring property owners [H~VU"'b~w~"t tv busihGSS ahd 1,01.1<: 0,,1<<:15 to remove
graffiti as SOUl! as pvssibk within thirtv (30) davs of receipt of written notice.
(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) Educating parents and the public that parents are liable for damages caused by their child's
graffiti.
(9) Encouraging anti-graffiti education in schools.
(10) Establishing a system for the city to accept assignment of claims from graffiti victims
in order to file damage suits against parents and graffiti vandals.
(II) Evaluating annually the effectiveness of this article, and recommending to the council
possible need to adopt additional measures,
SECTION 2. 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.
SECTION 3. Section I of this ordinance is effective upon final adoption by the City Council.
SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
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~ the forej9f~~~,,~r?~n~nce was read for the first time and passed to its second reading on this the
oti'tJay of ~,2000, by the following vote:
Samuel L. Neal, Jr. ~ Rex A. Kinnison ~
Javier D. Colmenero
Melody Cooper John Longoria
Henry Garrett Mark Scott
Dr. Arnold Gonzales 4 '
Thlli~~PJ\ ~dinance was read for the second time and passed finally on this the ~ay
of ~OOO, by the following vote:
Samuel L. Neal, Jr. -4- Rex A. Kinnison ~
Javier D. Colmenero
Melody Cooper John Longoria
Henry Garrett Mark Scott
Dr. Arnold Gonzales ~ ~
PASSED AND APPROVED this the ~~ of ~
ATTEST:
~~
Armando Chapa, City Se retary
Samuel L. Neal, Jr., Mayo
City of Corpus Christi
LEGAL FORM APPROVED Au{ju,>l. 13
JAMES R. BRAY, JR.
CITY ATTORNEY
,2000
By:
~~9;,
B n Meredith
Assistant City Attorney
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024202
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PUBLISHER'S AFFIDAVIT
-, -J (.,- r,. ~ ... J:'. r;. ')
I" ,.;' L.'::'"
State of Texas }
County of Nueces }
ss:
CITY OF CORPUS CHRISTI
Ad # 3583213
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, 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, which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 18TH day(s) of
SEPTEMBER. 2000,
art. O~4dJ);L
TWO (2 ) Time(s)
t-r~ s c?~
Customer Service Manager
$74,32
Subscribed and sworn to me on the date of
SEPTEMBER 19, 2000.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.
.
MondaY, september. 18, 2000107
NOTICE OF PASSAGE
OF ORDINANCE NO.
024202
ending'the City Code of
Ordinances, City of
Corpus Christi. Chapter
$3. Offenses snd Miscel-
",Ianeous Provisions,
Article VI. Graffiti
Control, by holding
property owners
responsible for the
removal of graffiti. from
their property; providing
for criminal prosecution
for failure to remove
graffiti from thatr
property; allowing the
City I after reasonable
notice. to remove. the
graffiti if the property
owner falls to do 80;
provitJin~ for an effective
date. This ordinance was
passed and approved by
the Cily Council of the
Cily ot Corpus Christi on
~ptember 12, 2000.
Is! Armondo ChaPi>
,.., ~.dl ry
City oI'Cipuo CIvloti