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Home My WebLink AboutCity of Tamarac Ordinance O-1997-0151 Temp Ord. # 1797 Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 97- /-5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 13 OF THE TAMARAC CODE BY DELETING SECTION 13-5 OF THE TAMARAC CODE OF ORDINANCES ENTITLED "MISCELLANEOUS OFFENSES" IN ITS ENTIRETY AND ADDING A NEW SECTION 13-5 ENTITLED "GRAFFITI"; ADDING SECTION 13-5(a) "APPLICATION," PROVIDING FOR ENFORCEMENT OF GRAFFITI BY THE CITY OF TAMARAC; ADDING SECTION 13-5(b), "DEFINITIONS," PROVIDING FOR DEFINITIONS OF RELEVANT TERMS; ADDING SECTION 13-5(c), "GRAFFITI PROHIBITED," OUTLINING PROHIBITIONS OF GRAFFITI EXCEPT IN SPECIFIC INSTANCES; ADDING SECTION 13-5 (d) "FINES; IMPRISONMENT," ESTABLISHING PENALTIES FOR GRAFFITI; ADDING SECTION 13-5(e), "RESTITUTION," PROVIDING FOR RESTITUTION TO THE VICTIM FOR DAMAGES OR LOSS, ADDING SECTION 13-5(f), IMPOSITION OF LIEN," PROVIDING FOR THE ESTABLISHMENT OF LIEN ON THE LEGAL GUARDIANS OF THE MINOR; ADDING SECTION 13-5(g), "GRAFFITI REMOVAL," PROVIDING FOR CONDITIONS OF REMOVAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PRQ-[IDING FOR AN EFFECTIVE DATE. WHEREAS, public and private property within the City of Tamarac has been defaced, damaged or destroyed by the application of graffiti, causing a reduction in the CODING: Words in StRiele thFBH@h type are deletions from existing law; Words in unders„r,.o_red type are additions. J P- 2 Temp Ord. # 179Z Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 quality of life and property value; and WHEREAS, the City of Tamarac hereby declares graffiti to constitute a public nuisance; and WHEREAS, graffiti is often a result of the actions of juveniles and the City of Tamarac wishes to aid in the control of juvenile delinquency within the City of Tamarac by providing for parental liability for actions of minor children related to graffiti; and WHEREAS, the Director of Community Development and the Code Enforcement Manager recommend approval; and WHEREAS, the City Commission of the City of Tamarac finds it in the best interest of the residents and citizens of the City of Tamarac to amend Section 13-5 of the Tamarac Code by authorizing Code Enforcement officers to enforce this Section, by establishing additional penalties for creating graffiti, and, by providing requirements for removal of graffiti. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. CODING: Words in stfuelt thfeugh type are deletions from existing law; Words in ti derggcored type are additions. Temp Ord. # 1797 Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 SECTION 2; That Chapter 13 of the Code of Ordinances of the City of Tamarac is amended as follows: -- - :. :.: : : - - - ; -- - - - % - : ;- ;-- . .... i.Lii.ii.MMiMiL=rVJL*MROtolEMBLIAL�ME[wiELviLwiwKwLwJlI V!IMwA%-w"w w - -- - - offill - -- - - ---..- LwzLw1 L l.l� \ 1.11.191,01.I110P1 a �.l.J Sec 13-5: Graffiti. (a) Application This section shall be applicable in the City of Tamarac. Enforcement of the CODING: Words in stmeit thFeu@H type are deletions from existing law; Words in underscored type are additions. Temp Ord. # 1797 Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 provisions of this section will be the responsibility of the City of Tamarac's Qode Enforcement Officers. the City. gf Tamarac's Police agency and/or Other CityManager designee. (b) Definitions For the purposes of this section the foILQwinq terms apply: "Corrective action" shalL.�m mean an act, or taking the necessary initial steps, required to remove or effectively obscure raffiti. Thi5 i0gludes,t is not limited to entering into pint out program, sandblasting, hip mi al treatment, or painting. "Graffiti' shall mean any writing, w' intin inscription, figure, or mark of an type oa gay ratr!jpture,public or private, or any other property, real or personal, that has ben ade, without the consent of the owner of the property. "Owner" shall mean any and all people(s) with legal or equitable title to real property in the City Qf Tamarac as his or her (their) name(s) !a!ld address(es)is(are) shown the tax rolls of the City of Tamarac. Thi5 definition shall also include an owner's tenant agent, manager, or r t f the real property. (c) Graffiti Prohibiter,! 1. No person shall write, paint or draw any inscription, figure or mark of any type on anv building. public or private, or any other property, real Qr pgmgnal, without the express permission of the owner or operator of such property—. 2. It shall La nail _ ul for allay person to have in his or her possession any a r-Q,5 spray can containing any substance commonly known as paint or containing igly other opaque liquid capable of being propelled by the aerosol can while o1i public p[gperty car upon private property with the intent to use such aerosol spar y gan or allow the 5ametto be used to write, paint or draw any inscription, figure or mark 4f_any type on any building.,. public or private. unless the express prior written permission Qf_the Qw0er, owwnVC,5 agent,. manager r oper@-tQLQf the pmperty has-beenin n for which a valid applicable City of Tamarac sign permit has been obtained in accordance with other pertinent law. (d) Fines: Imprisonment An visiQns Qf thisshall be punished by a fin n t l d dgl lars 1 r a fimtnot mgrg than five hundrpd dollaM for a second off b i nm r not more than sixty r QpcurrenQp., or.Iy bothfin n m ri ment ' discretion CODING: Words in type are deletions from existing law; Words in underscored type are additions. Temp Ord. # 1797 Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 f the court r . No. 88-38 1 -26-88 . (e) Restitution In addition to any --punishment listgd, the court may order any viglator to make restitution to the victim for damages or loss caused dir_ectly or indirectly by the defendant' gffense in the amount or manner dejermined by tbp, court. The cgUrt may order any violator to perform monitored community service f not less than 40 hours. (f) Imposition of Lien A parent(s) or lgaal guardian(s) of a minor convicted under this section shall be Jgintly and severally liable for any fineassessed by the court in addition to the liability imposed by Secti n 1 -11 of this ter and F.5, Section 741 4. Upon failure of the parent(s) or legal -guardians) to rake payment, a certified copy of the order shall l be recorded in the public recordg of Broward County, resulting in the imposition of g lien on the real and pemonal propgrly of the pare r legalguardian(s)fort nt of the fin r restitution ministrativ costs. (a) Graffiti Rmoval W It shall be unlawful for the owner of any privatereal or r I property, including structur s or improvements permit grgffiti or other inscribed material tQ remain within the Qity, providingthat th?, City has given the property owner or the propedy owner's acignt, manager, or Qperator written notige to take corrpgtive action within three 3 n ar days from i t or posting of the notice. aL In the gyent the propertwn r fails to removg the raffiti within the three 3 rid then the City may bringenforcement action. Such enfompment action may include the imposition gf a fie lien and/or takiou of corrective n pursuant to section 162.09 Florida Statutes. fa) The City, or its aut orized agents, shall have the right to enter upQp._private property to the extent necessary to.perform corrective action. Entry into any dwelling or structure is expressly prohibi CODING: Wards in stFuelcthFetlgh type are deletions from existing law; Words in underscored type are additions. 6 Temp Ord. # 1797 Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 SECTION 3: Codification: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: Conflicts: All Ordinances or parts of Ordinances, and all Resolutions and parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: Severability: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in stmelcthpeegh type are deletions from existing law; Words in underscored type are additions. 7 Temp Ord. # 1797 Revised #1 8/27/97 Revised #2 9/10/97 Revised #3 9/12/97 Revised #4 9/16/97 SECTION Fz Effective Date: This Ordinance shall become effective immediately upon its passage and final adoption. PASSED, FIRST READING this ,?� day of 6 �"1997. PASSED, SECOND READING this ATTEST: CAROL A. ItVANS, C.M.C. City Clerk g day of OcSi4r 1997. JWor CHREIBER M I HEREBY CERTIFY that I have 4pr d this ORD NANC to form. J� LL S. KRA City Attorney Graffiti/jtw CODING: I MAYOF MST 1: DIS"T 2: OAST 3: DUST 4: Words in laugh type are deletions from existing lav Words in underscored type are additions. iECORD OF COMMISSI N VOTE I SCHREIBER COMM. McKAYE V/M MISHKIN COMM. SULTANOF COMM. ROBERTS �la419 7 I