HomeMy WebLinkAboutCity of Tamarac Ordinance O-1988-0381
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Temp. Ord. # 1412
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-88- -30 O
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO GRAFFITI; AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC BY
CREATING A SECTION TO BE ENTITLED "WRITING ON
PROPERTY WITHOUT PERMISSION OF THE OWNER
PROHIBITED"; PROVIDING THAT IT SHALL BE
UNLAWFUL TO WRITE ON PERSONAL OR REAL PROP-
ERTY WITHOUT THE PERMISSION OF THE OWNER;
PROVIDING THAT IT SHALL BE UNLAWFUL FOR A
PERSON TO POSSESS A SPRAY CAN ON PROPERTY
WITHOUT PROPERTY OWNERS PERMISSION; PROVIDING
FOR PENALTIES; PROVIDING FOR PARENTAL
LIABILITY FOR DAMAGE CAUSED BY MINORS;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has become apparent that the writing of
graffiti on walls and other places of public buildings and
private property has reached such significant levels and
proportions that immediate local attention should be given
this matter by the City of Tamarac; and
WHEREAS, defacing of such property and the use of
offensive language in many of the writings is harmful to the
general public and violative of the good and welfare of the
citizens, residents and people of the City of Tamarac; and
WHEREAS, it is the further intent of the City Council
that any person guilty of writing graffiti on public build-
ings and public property shall be punished so that the
punishment shall fit the offense; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, a
public hearing has been held on the proposed Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
-1-
Temp. Ord., #1412
THE CITY OF TAMARAC, FLORIDA:
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SECTION 1 : That Chapter 17 of the Code of Ordinances
of the City of Tamarac entitled "Offenses - Miscellaneous" is
hereby amended by creating a section to be entitled "writing
on property without permission of the owner prohibited" and
which shall read as follows:
Writing on Property Without Permission of the Owner
Prohibited.
1. No Person shall write, paint or draw any inscrip-
tion, figure or mark of any type_ on any building,
public or private, or any other_ property, real or
personal, without the _express _permission of the
owner or operator of said property.
2. It shall be unlawful for an erson to have in his
or her possession any aerosol_.spray can containing
any substance commonly known as paint or containin
an other o a ue liquid capable of bein ro elled
by the aerosol can while on ublic ro ert or u on
private 2roperty without the consent of the owner
of such pro2erty and with the intent to use such
aerosol_spray can or allow the same to be used to
writepaint or draw ._any inscri tion, figure or
mark of any type on any building, public or
private ,_ --without the ex ress permission of the
owner or operator of said property.
3. A Parent or natural uardian of a minor convicted
under this ordinance shall be liable for any fine
assessed by the Court in addition to the liability
!I
-2-
Temp. Ord. #1412
imposed by 17-15 of the Code of Ordinances of the
1 City of Tamarac and Section 741.24, Florida
2 Statutes, as_ amended.
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5 4. Any person convicted of violating the rovisions of
4; this Section shall be punished b a fine of not
less than $100.00 for a first offense nor more than
$500.00 for a second offense or by im risonment for
9 not more than 60 days peroccurrence, orby both a
10 fine and im risonment, in the discretion of the
11 Court.
12
13 SECTION 2 That all Ordinances or parts of Ordinances
14 in conflict herewith be and the same are hereby repealed to
15 the extent of such conflict.
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i8 SECTION 3 That if any section, sentence, clause, or
,9
phrase of this Ordinance is held to be invalid or
20 unconstitutional by a court of competent jurisdiction, then
21 said holding shall in no way affect the validity of the
22 remaining portions of this ordinance.
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24 SECTION 4 That it is the intention of the City
Council that the provisions of this ordinance shall become
25
and be made a part of the City of Tamarac Code, and that the
2(
sections of this ordinance may be renumbered or relettered
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and the word "ordinance" may be changed to "section",
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-article" or such other appropriate word or phrase in order
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to accomplish such intentions.
SECTION 5 That this Ordinance shall become effective
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immediately upon adoption at its second reading.
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-3-
Temp. Ord. #1412
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tf-
PASSED FIRST READING this _Z,�)- day of , 1988.
T�
PASSED SECOND READING this o2( day ofC�, 1988.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
too form.
RICHARD DOODY
CITY ATTORNEY
GRAFFITI.ORDIN.
lwwa� OA-4 1
TZ
NORMAN ABRAMOWI
MAYOR
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C/M ROHRi�
U
DISTRICT 2:
VIM STELZER
DISTRICT 3:
C/M HOFFMAN Lw1.0
DISTRICT 4:
._C/M BANDER ,
/a//-1 gg
1
-4-
of Tg49 `j66L
U (] F
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�4OR P
7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
November 2, 1988
BROWARD COUNTY LIBRARY
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO. 0-88-38, 0-88-39
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321.2401
TELEPHONE (305) 722.5900
November 1, 1988
Robert Ussery, Codification
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida 32304
Enclosed please find your copy from the CITY OF TAMARAC, the following
item(s) for your files:
ORDINANCE NO'S:
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
0-88-38, 0-88-39
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
of T AM
9� 7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722.5900
s
November 1, 1988
Robert Laslie, Supplements
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida 32304
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO. 0w-88-38, 0-88-39
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
19. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #14I2 on `
secon rea ng to amena Chapter 17 of the Coe Fy
creating .a section prohibiting graffiti on walls,
ITEM # R E F public buildings and private property.
DATE TAPE SIDE #
VOTE: DISTRICT 4 - C/M BENDER
DISTRICT 1 - C/M ROHR
DISTRICT 2 - V/M STELZER
DISTRICT 3 - C/M HOFFMAN
MAYOR ABRAMOWIT
MOTION BY:
SECONDED
PRESENTED BY:
ACTION REQUESTED:
MA OR SPEAKERS/PERTINENT DISCUSSION:
z
24. MOTION TO ADOPT Temp. -Ord. #1412 on first reading to
amend Chapter 17 of the Code by creating a section
prohibiting graffiti on walls, public buildings and
ITEM ���REF.
Private property. —
DATE 411k19 Y TAPE SIDE #
VOTE: DISTRICT 1 - C/
DISTRICT 2 - V/
DISTRICT 3 - C/
DISTRICT 4 - C/
MAYOR ABRAMOWIT
MOTION BY:
SECONDED BY:
All
PRESENTED BY:
ACTION REQUESTED:
MAJOR SPEAKERS/PERTINENT DISCUSSION:
Lity ot '10 arnahac
INTER -OFFICE MEPAORANDUM
MEMO TO: CAROL A. EVAN$, CITY CLERK
FROM: LILLIAN MARCUS, CITY CLERK'S oMcE l �
DATE: OCT. 17,1988
SUBJECT: _ PUBLICATION OOSTS-FORT LAUDERDALE NEWS/SUN-SEfZINM
REFERENCE:
APPLICANT: City Of Tamarac
PETITION NO: Temp. Ord. # 1412, 141.3
PUBLICATION DATES: 10 / 16 / $ $
COST: $117.9 2
CC: SHEILA SCHIFF
PUBLIC HEARING
CITY COUl7CIL OF TAMARAC, FLORIDA
The following Ordinances have passed first reading by the City
Council of the City of Tamarac, Florida:
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO GRAFFITI AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC BY
CREATING A SECTION TO BE ENTITLED "WRITING ON
PROPERTY WITHOUT PERMISSION OF THE OWNER
PROHIBITED'; PROVIDING THAT IT SHALL BE UNLAW-
FUL TO WRITE ON PERSONAL OR REAL PROPERTY
WITHOUT THE PERMISSION OF THE OWNER; PROVID-
ING THAT IT SHALL BE UNLAWFUL FOR A PERSON
TO POSSESS A SPRAY CAN ON PROPERTY WITHOUT
PROPERTY OWNERS PERMISSION; PROVIDING FOR
PENALTIES, PROVIDING FOR PARENTAL LIABILITY FOR
DAMAGE CAUSED BY MINORS, PROVIDING FOR RE-
PEALER; PROVIDING FOR SEVERABILTIY; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE,
TEMP. ORD. 1412
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO FEES; AMENDING ARTICLE I, SECTION 2.3.2 OF
THE CODE OF ORDINANCES OF THE CITY OF TAMA-
RAC TO PROVIDE FOR AN AMENDED SCHEDULE OF
FEES FOR PHOTOCOPYING; PROVIDING FOR RE-
PEALER• PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
TEMP. ORD. 1413
The second radinp and public hearing of these Ordinances will
be held dump a and
City Council meeing on Wednesday,
October 26, 1988 at or after 10-00 A.M. and Will be considered
by the CIry Council in the order as it ,[Para on the agenda. The
Regular Meeting of the City Council will be held at City Hall,
75 5 NW SSth Avenue, Tamarac, Florida 33321.
Copies of these Proposed Ordinances are available for viewing
and purchase at the office of the City Clerk. Interested parties
may appear to be heard with reapeet to these proposed Ordin-
ances in accordance with Florida Statue :166,Ot1.
Pursuant to Section 266.0105. Florida Statues
If a person decides to appal any decision made by the city
Council with respect to only matter considered at Such meeting or
hearing. he will need a record of the proceedege and for such .
Purpose, he may need to ensure that a verbatim record hWude's
the testimony and evidence which the appeal is to be
!ba,sed.
r $A � � CAROL i�KNS
CWf
L11LIAN MARCUS
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
AN EQUAL OPPORTUNITY EMPLOYER
L7
PUBLIC HEARING
CITY COUNCIL OF TAMARAC, FLORIDA
The following Ordinances have passed first reading by
City Council of the City of Tamarac, Florida:
AN ORDINANCE OF THE CITY OF TAMARAC RELATING TO
GRAFFITI; AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC BY CREATING A
SECTION TO BE ENTITLED "WRITING ON PROPERTY
WITHOUT PERMISSION OF THE OWNER PROHIBITED";
PROVIDING THAT IT SHALL BE UNLAWFUL TO WRITE ON
PERSONAL OR REAL PROPERTY WITHOUT THE PERMISSION
OF THE OWNER; PROVIDING THAT IT SHALL BE UNLAWFUL
FOR A PERSON TO POSSESS A SPRAY CAN ON PROPERTY
WITHOUT PROPERTY OWNERS PERMISSION; PROVIDING FOR
PENALTIES; PROVIDING FOR PARENTAL LIABILITY FOR
DAMAGE CAUSED BY MINORS; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
TEMP. ORD. 1412
AN ORDINANCE OF THE CITY OF TAMARAC RELATING TO
FEES; AMENDING ARTICLE I, SECTION 2-3.2 OF THE
CODE OF ORDINANCES OF THE CITY OF TAMARAC TO
PROVIDE FOR AN AMENDED SCHEDULE OF FEES FOR
PHOTOCOPYING; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
TEMP. ORD. 1413
the
The second reading and public hearing of these Ordinances
will be held during a Regular City Council meeting on
Wednesday, October 26, 1988, at or after 10:00 A.M. and will
be considered by the City Council in the order as it appears
on the agenda. The Regular Meeting of the City Council will
be held at City Hall, 7525 NW 88th Avenue, Tamarac, Florida
33321.
Copies of these proposed Ordinances are available for viewing
and purchase at the office of the City Clerk. Interested
parties may appear to be heard with respect to these proposed
Ordinances in accordance with Florida Statute #166.041.
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
Purpose, he may need to ensure that a verbatim record includes
t14 testimony and evidence upon which the appeal is to be based
CAROL. A. EVANS
CITY CLERK
Publish: Fort Lauderdale News/Sun ntinel
Sunday, October 16, 1988
Legal Displav -- ad to be as
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mail mig�5���m��LL�� -9������
SHOR -18� jill. SS" 1
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small as possible
CITY OF TAMARAC ,
INTEROFFICE MEMORANDUM
C/A NO. 8810-8415
TO: Carol A. Evans, City Clerk
FROM: 42' y, City Attorney
SUBJECT: AMENDED GRA I ORDINANCE
DATE: October 13, 1988
-------------------------------------------------------------
Pursuant to the City Council Meeting of October 12,
1988, I have enclosed herewith the gratfiti ordinance with
the following change:
Paragraph #1. under Section 1 the fourth sentence the
word "written" (after the word "express") has been deleted.
If you have any questions or comments concerning the
enclosed, please do not hesitate to contact me.
RLD :beo
Enclosure
cc: Mayor and Council
John P. Kelly, City Manager
`t�
FORT LAUDERDALE NEWS/SUN-SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH
Before the undersigned authority personally appeared
who on oath says that he is
Classified Supervisor of the Fort Lauderdale News/Sun-Sentinel,
newspapers published in Broward/Palm Beach County, Florida that the atl
copy of advertisement, being a
in the matter of
public Hearing
Temp. Ord. 1412
in the
was published in said newspaper in the issues of
Oct. 16, 1988
Affiant further says that the said Fort Lauderdale News/Sun-Sentinel are newspapers published
said Broward/Palm Beach County, Florida, and that the said newspapers have heretofore bf
continuously published in said Broward/Palm Beach County, Florida, each day, and have been ente
as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a per
of one year next preceding the first publication of the attached copy of advertisement; and affiant s;
that he has neither paid nor promised any person, firm or corporation any discount, rebate, commies
or refund for the purpose of securing this advertisement for publication in said newspapers.
Sworn to and subscribed before me
this ........6 t h.. day of ......O tob...... ......
88,
C.t�! .. .....
(SEAL) Notary Ru►blic, 5tateP*ft&iV#blicr
My Coo mission Expires Nov. 'L 19W
lioncac Iw. Imy r.rm-InsurYncY, lny
PASTE COPY OF LEGAL NOTICE HERE
PUBLIC HEARING
CITY COUNCIL OF TAMARAC, FLORIOA
The following Ordinances have passed first reading by the City
Council of the City of Tamarac, Florida:
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO GRAFFITI; AMENDING CHAPTER 1T1OF E CODE
OF ORDINANCES OF .THE CITY OF T'A AC 8V'
CREATING A SECTION TO BE ENTITLED " TING ON
PROPERTY WITHOUT PERMISSION OF H OWNER
PROHIBITED'; PROVIDING THAT IT SHALL BE UNLAW-
FUL TO WRITE ON PERSONAL OR REAL PROPERTY
WITHOUT THE PERMISSION OF THE OWNER; PROVID-
ING THAT IT SHALL BE UNLAWFUL FOR A PERSON
TO POSSESS A SPRAY CAN ON PROPERTY WITHOUT
PROPERTY OWNERS PERMISSION' PROVIDING FOR
PENALTIES, PROVIDING FOR PAREN�k4J ,FAR
DAMAGE CAUSED BY MINORS, PROVID
PEALER; PROVIDING FOR SEVERA IF, _7111LIVIL11M
FOR CODIFICATION: PROVIDIK F AN EFFECTK
DATE.
TEMP.ORD. 1412
AN ORDINANCIF OF THE CITY 'OF., TMARAC RELATING
FOR COOIF.KATION; PROVIDING.
DATE. 73332�1�.
�rgut1+The second Ipd end public hpr�mp inancw willbeheld durigg�e �eQularClty'Caancll Wednesday,October 26, 1g88, h or after,T0:00 A.Me consideredby the Citryy Council in the order as h apagenda. TheHeprdar MeoON,of the CAY Council wat City Hall,7525 NW 88Ih Avenue, Tamarac. Fhodd
Copies of tflge'proposed Ordinances are avallpble for viewing;^
and purchase At the dries. of the City Cork. interested parses''
may appear td bo .hewd resW V propgW-&din- , .,
antes In acrAapithArw w19oJida iM118041.
Pursuant. to Section,;288.0105:;flohda Statues
If a person decides to,:appeal any made by tha cityr
Council with respect�.to-,, y matter co
such melting or
hearing, he will need a raeor,, of the and for suck,
purpose, he may need to ensure that a insfu ea•
the testimony and evidence upon. which'.", Opal is to be
based.
CAROL A Er
r. • s." a CITY C1,FRIf . _.
FSA104
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
C/A NO. 8810-8404
TO: Carol A. vans, City Clerk
FROM: ody, City Attorney
SUBJECT: PROPOSED G FITI ORDINANCE
DATE: October 3, 1988
-------------------------------------------------------------
Enclosed herewith please find a proposed Graffiti
Ordinance.
Please place this ordinance on the City Council Meeting
agenda for Wednesday, October 12, 1988.
If you have any questions or comments concerning this
item, please do not hesitate to contact me.
RLD :beo
Enclosure
cc: Mayor and Council
John P. Kelly, City Manager
Joseph McIntosh, Police Chief
ovsvwvi 30 Allo
m;lo
Temp. Ord. #
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0--88-
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO GRAFFITI; AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC BY
CREATING A SECTION TO BE ENTITLED "WRITING ON
PROPERTY WITHOUT PERMISSION OF THE OWNER
PROHIBITED"; PROVIDING THAT IT SHALL BE
UNLAWFUL TO WRITE ON PERSONAL OR REAL PROP-
ERTY WITHOUT THE PERMISSION OF THE OWNER;
PROVIDING THAT IT SHALL BE UNLAWFUL FOR A
PERSON TO POSSESS A SPRAY CAN ON PROPERTY
WITHOUT PROPERTY OWNERS PERMISSION; PROVIDING
FOR PENALTIES; PROVIDING FOR PARENTAL
LIABILITY FOR DAMAGE CAUSED BY MINORS;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has become apparent that the writing of
graffiti on walls and other places of public buildings and
private property has reached such significant levels and
proportions that immediate local attention should be given
this matter by the City of Tamarac; and
WHEREAS, defacing of such property and the use of
offensive language in many of the writings is harmful to the
general public and violative of the good and welfare of the
citizens, residents and people of the City of Tamarac; and
WHEREAS, it is the further intent of the City Council
that any person guilty of writing graffiti on public build-
ings and public property shall be punished so that the
punishment shall fit the offense; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, a
public hearing has been held on the proposed Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1 :
That Chapter 17 of the Code of Ordinances
of the City of Tamarac entitled "Offenses -- Miscellaneous" is
hereby amended by creating a section to be entitled "writing
on property without permission of the owner prohibited" and
which shall read as follows:
writing on Property Without Permission of the Owner
Prohibited.
1. No person shall write,_ paint or draw any inscrip
tion, fi ure or mark of any type on any building,
public or private, orany other property, real or
personal, without the express written permission of
the owner or operator of said property.
2. It shall be unlawful for any person to have in his
or her possession any aerosol sprav can containin
any substance commonly known as paint or containing
any other o a ue liquid ca able of beanpro elled
by the aerosol can while on public property or upon
private property without the consent of the owner
of such 2roperty and with the intent to use such
aerosol spray can or allow the same to be used to
writepaint or draw an inscri tion, fi ure or
mark of any type on any buildina, public or
private, without the ex ress ermission of the
owner or operator of said property.
3. A parent or natural guardian of a manor convicted
under this ordinance shall. be Liable for any fine
assessed by the Court in addition to the liabilit
imposed by 17-15 of the Code of Ordinances of the
City_ of Tamarac andSection 741.24, Florida
Statutes, as amended.
4. Any person convicted of violating the rovisions of
this Section shall be unished b a fine of not
Jess than $100.00 for a first offense nor more than
$500.00 for a second offense or by im risonment for
not more than 50 days per occurrence, or by both a
fine and imprisonment, in the discretion of the
Court.
SECTION 2 That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed to
the extent of such conflict.
SECTION 3 : That if any section, sentence, clause, or
phrase of this Ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then
said holding shall in no way affect the validity of the
remaining portions of this ordinance.
SECTION 4 That it is the intention of the City
Council that the provisions of this ordinance shall become
and be made a part of the City of Tamarac Code, and that the
sections of this ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section",
"article" or such other appropriate word or phrase in order
to accomplish such intentions.
SECTION 5 : That this Ordinance shall become effective
immediately upon adoption at its second reading,
PASSED FIRST READING this day of 1988.
PASSED SECOND READING this day of 1988.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
RICHARD DOODY
CITY ATTORNEY
GRAFFITI.ORDIN.
1 .*
CITY OF T AMA R A C
INTEROFFICE MEMORANDUM
C/A NO. 8810-8404
TO: Carol A. Xvans, City Clerk
FROM: ody, City Attorney
SUBJECT: PROPOSED Gih4FITI ORDINANCE
DATE: October 3, 1988
-------------------------------------------------------------
Enclosed herewith please find a proposed Graffiti
Ordinance.
Please place this ordinance on the City Council Meeting
agenda for Wednesday, October 12, 1988.
If you have any questions or comments concerning this
item, please do not hesitate to contact me.
RLD:beo
Enclosure
cc: Mayor and Council
✓John P. Kelly, City Manager
Joseph McIntosh, Police Chief
Temp. Ord. #
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0--88-
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO GRAFFITI; AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC BY
CREATING A SECTION TO BE ENTITLED "WRITING ON
PROPERTY WITHOUT PERMISSION OF THE OWNER
PROHIBITED"; PROVIDING THAT IT SHALL BE
UNLAWFUL TO WRITE ON PERSONAL OR REAL PROP-
ERTY WITHOUT THE PERMISSION OF THE OWNER;
PROVIDING THAT IT SHALL BE UNLAWFUL FOR A
PERSON TO POSSESS A SPRAY CAN ON PROPERTY
WITHOUT PROPERTY OWNERS PERMISSION; PROVIDING
FOR PENALTIES; PROVIDING FOR PARENTAL
LIABILITY FOR DAMAGE CAUSED BY MINORS;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has become apparent that the writing of
graffiti on walls and other places of public buildings and
private property has reached such significant levels and
proportions that immediate local attention should be given
this matter by the City of Tamarac; and
WHEREAS, defacing of such property and the use of
offensive language in many of the writings is harmful to the
general public and violative of the good and welfare of the
citizens, residents and people of the City of Tamarac; and
WHEREAS, it is the further intent of the City Council
that any person guilty of writing graffiti on public build-
ings and public property shall be punished so that the
punishment shall fit the offense; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, a
public hearing has been held on the proposed Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
11
t
THE CITY OF TAMARAC, FLORIDA:
SECTION 1 : That Chapter 17 of the Code of Ordinances
of the City of Tamarac entitled "Offenses - Miscellaneous" is
hereby amended by creating a section to be entitled "writing
on property without permission of the owner prohibited" and
which shall read as follows:
Writing_ on Property Without Permission of the Owner
Prohibited.
1. No _ , pat or an --
person_s_a_ write, paint r draw inscrip .,_ _._..,._.._ __.._
tion figure or mark of any type on an buildin ,
ublic or private, orany other property,real or
personal,without express �written permission of
ut t,,_._._,
the owner or o erator of said ro ert .
2. It shall be unlawful for any personto have in his
or her -possession any aerosol svrav can containin
any substance commonly known as paint or containing
any other o a ue li id ca able of being propelled
by the aerosol can while on public_property or u on
rivate 2roperty without the consent of the owner
of such_property and with the intent to use such
aerosol spray can or allow the same to be used to
writePaint or draw any inscri tion, figure or
mark of any type on any building,_ public or
private, without the ex ress permission of the
owner or o erator of said 2roperty.
3, A parent- or natural guardian of a minor convicted
_ nshall any fine
ine
under this _ ordinance l be liable
.... ----
assessed by the Court in addition to the liability
imposed by 17-15 of the Code of Ordinances of the
City_ of Tamarac and Section .„_741_24, Florida
Statutes, as amended.
4. Any person convicted of violating the 2rovisions of
this Section shall be unished by a fine of not
less than $100.00 for a first offense nor more than
$500.00 for a second offense or by i risonment for
not more than 60 da s per occurrence, or by both a
fine and iMprisonment, in the discretion of the
Court.
SECTION 2 That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed to
the extent of such conflict.
SECTION 3 : That if any section, sentence, clause, or
phrase of this Ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then
said holding shall in no way affect the validity of the
remaining portions of this ordinance.
SECTION 4 That it is the intention of the City
Council that the provisions of this ordinance shall become
and be made a part of the City of Tamarac Code, and that the
sections of this ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section",
"article" or such other appropriate word or phrase in order
to accomplish such intentions.
SECTION 5 : That this Ordinance shall become effective
immediately upon adoption at its second reading.
}
PASSED
FIRST READING
this
day of
Y
19$8.
PASSED
SECOND READING
this
day of
1988.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
RICHARD DOODY
CITY ATTORNEY
GRAFFITI.ORDIN.
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Temp. Ord. # 1412
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-88-3 8
AN ORDINANCE OF THE CITY OF TAMARAC RELATING
TO GRAFFITI; AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC BY
CREATING A SECTION TO BE ENTITLED "WRITING ON
PROPERTY WITHOUT PERMISSION OF THE OWNER
PROHIBITED"; PROVIDING THAT IT SHALL BE
UNLAWFUL TO WRITE ON PERSONAL OR REAL PROP-
ERTY WITHOUT THE PERMISSION OF THE OWNER;
PROVIDING THAT IT SHALL BE UNLAWFUL FOR A
PERSON TO POSSESS A SPRAY CAN ON PROPERTY
WITHOUT PROPERTY OWNERS PERMISSION; PROVIDING
FOR PENALTIES; PROVIDING FOR PARENTAL
LIABILITY FOR DAMAGE CAUSED BY MINORS;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has become apparent that the writing of
graffiti on walls and other places of public buildings and
private property has reached such significant levels and
proportions that immediate local attention should be given
this matter by the City of Tamarac; and
WHEREAS, defacing of such property and the use of
offensive language in many of the writings is harmful to the
general public and violative of the good and welfare of the
citizens, residents and people of the City of Tamarac; and
WHEREAS, it is the further intent of the City Council
that any person guilty of writing graffiti on public build-
ings and public property shall be punished so that the
punishment shall fit the offense; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, a
public hearing has been held on the proposed Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
-l-
Temp. Ord.. #1412
THE CITY OF TAMARAC, FLORIDA:
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SECTION 1 : That Chapter 17 of the Code of Ordinances
of the City of Tamarac entitled "Offenses - Miscellaneous" is
hereby amended by creating a section to be entitled "writing
on property without permission of the owner prohibited" and
which shall read as follows:
Writing on Property Without Permission of the Owner
Prohibited.
1. No person shall write, paint or draw any inscri -
tion, figure or mark of any type on any building,
p_ublic_yr private, or any other__ property, real or
personal, without_ the express permission of the
owner or operator of said property.
2. It shall be unlawful for any person to have in his
or__her possession any aerosol sprav can containin
any substance commonly known as_paint or containing
an other o a ue li uid capable of_being ro elled
by the aerosol can while onpublic property or u on
private property without the consent of the owner
of such_pro2erty and with the intent to use such
aerosol spray can or allow the same to be used to
write, paint or draw any inscription, figure or
mark of any type on any building, public or
private, without the express permission of the
owner or operator of said ro ert .
3. A arent or natural guardian of a minor convicted
under this ordinance shall be liable for any fine
assessed by the Court in addition to the liability
A
-2-
Temp. Ord. #1412
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imposed by 17-15 of the Code of Ordinances of the
City of Tamarac and Section 741.24 Florida
Statutes as amended.
4. An erson convicted of violating the provisions of
-- - - - _ - .- . , in this Section shall be punished by a fine of not
less than $100.00 for a first offense nor more than
$500.00 for a second offense or -by i risonment for
not more than 60 days per occurrence, or by both a
fine and imprisonment, in the discretion of the
Court.
SECTION 2 That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed to
the extent of such conflict.
SECTION 3 That if any section, sentence, clause, or
phrase of this Ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then
said holding shall in no way affect the validity of the
remaining portions of this ordinance.
SECTION 4 That it is the intention of the City
Council that the provisions of this ordinance shall become
and be made a part of the City of Tamarac Code, and that the
sections of this ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section",
"article" or such other appropriate word or phrase in order
to accomplish such intentions.
SECTION 5 That this Ordinance shall become effective
immediately upon adoption at its second reading.
-3-
Temp. Ord. #1412
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tp—
PASSED FIRST READING this 1,2- day of 1988.
PASSED SECOND READING this v26 � ay of 1988.
ATTEST:
CAROL A. EVANS _ 4
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
too form.
`fC �
RICHARD DOODY
CITY ATTORNEY
GRAFFITI.ORDIN.
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ 4,41�
dr.rw "c U
DISTRICT 1: C/M ROHR
DISTRICT 2: VIM STELZER U
DISTRICT 3: C/M HOFFMAN ziz ,L._
DISTRICT 4- C/M B NDER
ego
1XIE
DU ISTRIBTION LIST
0- fig- 38
AL AA
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DATE
COUNCIL
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CLU A
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TINANCE DIRECTOR
FINANCE- SUPV. ACCOUNTANT
.
PURCHASING
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PUBLIC WORKS DEPARTMENT
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CODIFIER MAIL IMMEDIATELY Municipal
Robert as a n charge o
Robert Ussery (in charge of Codification)
Code Corp.,PO 2235, Ta11a
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ssee 32304
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