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Home My WebLink AboutCity of Tamarac Ordinance O-2007-014Temp. Ord. # 2141 April 9, 2007 Page 1 of 8 ORDINANCE NO. 0-2007- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 13 OF THE CITY'S CODE OF ORDINANCES, ENTITLED MISCELLANEOUS OFFENSES, SPECIFICALLY AMENDING SECTION 13.5, ENTITLED "GRAFFITI"; PROVIDING FOR A BROADER DEFINITION OF "GRAFFITI" TO INCLUDE DEFACING OR DAMAGING THE PROPERTY OF ANOTHER; PROVIDING FOR REVISED ENFORCEMENT GUIDELINES; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 8, 1997, the City Commission of the City of Tamarac enacted Ordinance No. 97-15, creating Section 13.5 of the City's Code of Ordinances, entitled "Graffiti"; and WHEREAS, the City's Building and Code Enforcement Division has recommended revising Section 13.5 to broaden the scope of the ordinance to provide the City with greater enforcement capabilities; and WHEREAS, the City has been faced with an ongoing graffiti problem and the City Commission deems it to be in the best interests of the citizens and residents of the City to broaden Section 13.5, as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: CODING: Words in stFike through type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 UALegislationMraft Legislation Received\2007\10-May 23\TO2141Grafti Ordinance.doc Temp. Ord. # 2141 April 9, 2007 Page 2 of 8 Section 1: 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. Section 2: The City Commission of the City of Tamarac hereby amends Chapter 13 of the City's Code of Ordinance, entitled "Miscellaneous Offenses" by specifically amending Section 13.5, entitled "Graffiti", as follows: Sec. 13-5 Graffiti (a) Application It shall be unlawful for any person occupying, controlling or in possession of any real or personal property to deface or damage by any means the property of another without the owner's consent, and it shall be unlawful to mar, deface, damage or destroy by writing any inscription, figure or mark of an type on the exterior or interior, including walls or appurtenances, or any public or private building, bus bench, public way, church, synagogue or any other real or personal property within the City_ Property_ owners shall_ remove graffiti or other damage pursuant to the terms set forth herein. a) Appfieetien. This section shall be applicable in the City of Tamarac. Enforcement of the provisions of this section will be the responsibility of the city code enforcement officers, the city Police agency and/or other city manager designee. (b) Definitions. For the purposes of this section the following terms apply: Broad -tipped, Indelible Marker shall mean any felt -tipped marker or similar implement which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half inch 1/2" or greater. Corrective action shall mean an act, or taking the necessary initial steps, required to remove or effectively obscure graffiti. This includes, but is not limited to, entering into a paint out program, sandblasting, washing, chemical treatment, or painting. CODING: Words in strulke oug-h type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 UALegislation\Draft Legislation Received\2007\10-May 23\T02141Grafflti Ordinance.doc 1 1 1 Temp. Ord. # 2141 April 9, 2007 Page 3 of 8 Graffiti shall mean any writing, drawing painting, inscription, figure, or mark of any type on any structure, public or private, or any other property, real or personal, that has been made 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 as his or her (their) name(s) and address(es) is (are) shown upon the tax rolls of the city. This definition shall also include an owner's tenant, agent, manager, or operator of the real property. Supervising Adult shall mean any individual twenty-one (2.1)_years of age or older, which has been given responsibility by the minor's parent, legal guardian or other lawful authority to supervise the minor and who is aware of the minor's possession of the aerosol container of spray paint or broad -tipped, indelible marker. (c) Graffiti prohibited. (1) No person shall carry an aerosol spray paint_ can or broad - tipped, indelible marker with the intent to violate the provisions_ of sub -section (a). (2) No person under the age of eighteen (18) years shall have in his or her possession any aerosol container of spray paint or broad - tipped, indelible marker while on any public_ property, highways street, or way, except in the company of a supervising_ adult. 3) No person under the aae of eiahteen (18) vears shall have in his or her possession any aerosol container of spray aint or broad - tipped, indelible marker while on any private property unless the owner, agent or manager, or person in possession of the property knows of the minors possession of the aerosol container of spray oaint or indelible marker or has consented to the minor's possession while on his or her property 4 It shall be unlawful for any person or entity owning, occupying, controlling or possessing to allow graffiti as defined herein to exist on any personal or real property within the City. CODING: Words in str+ke �hmu# type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 U:\Legislation\Draft Legislation Received\2007\10-May 23\TO2141Grafriti Ordinance.doc Temp. Ord. # 2141 April 9, 2007 Page 4 of 8 (5) Any__ individual or entity owning, occupying, controlling or possessing any real or personal property which has been damaged, defaced or subject to graffiti shall be responsible for ensuring the necessary repairs or graffiti has been removed, painted over or obliterated within one hundred twenty (120) hours after receipt of written notice. In the event the damaae. defacina or araffiti has not been removed, repaired or painted over using a color of paint _that _is substantially similar to the color of the existing structure within one hundred twenty (120) hours after its occurrence, then the City of Tamarac shall have the right to remove, paint over or obliterate the graffiti. In the event that the City of Tamarac has to remove or paint over the graffiti, then the owner of the real or personal property on which the graffiti existed shall be responsible for all costs incurred and failing payment by the owner, the City may impose a lien to recover all costs and expenses incurred. (6) The City's police officers and code enforcement officers are hereby authorized to enforce the provisions of this section, including issuance of notices to appear and notices required under sub -section (12). 7) Whenever the Citv becomes aware of the existence of araffiti or other unsightly conditions on any property, including structures or improvements within the City, a code enforcement officer or police officer shall give or cause to be given, written notice to the property owner and/or propertv owner's aaent or manaaer to remove such graffiti. d Notice For purposes of all property owners any individuals or entities owning, occupying, controlling or in possession of any real or personal_ property which has been subject to defacing, damage or graffiti as defined herein, shall receive notice from the City to effectuate the necessary repair, removal or obliteration by receiving written notice delivered to the property address as identified in the City records. For purposes of this section, notices shall be provided to the alleged violator by certified mail, return receipt requested; by hand -delivery by the police officer or code enforcement officer; or by leaving the notice at the violators usual place of residence with anx person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice. In addition, CODING: Words in StFulke thFeu } type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 UALegislation0raft Legislation Received\2007\10-May 23702141Graffiti Ordinance.doc Temp. Ord. # 2141 April 9, 2007 Page 5 of 8 notice shall be provided -by ostin a copy of the notice at the site of the violation. The police officer or code enforcement officer shall then provide proof of posting by preparing and executing an affidavit which shall include a copy of the notice -posted and the date and laces of its posting. 1) The Citv may institute a civil action in a court of competent jurisdiction to recover compensatory and punitive damages, including reasonable costs and expenses, for any damage caused to city -owned property located within the city limits of the City of Tamarac as a result of violations of this section. 2) In addition to anv punishment provided for herein, the defendant may be held to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense in a reasonable amount or manner asm__ay be_ determined by the court. The court may order any violator to perform monitored community service work of not less than fort40 hours. act of willful misconduct of a minor (which term is herein defined as any individual under the age of eighteen (18) years) which results in the unauthorized destruction, injury, disfigurement_ or defacement of the property of another or public property shall be CODING. Words in strikes through type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 UALegislation0raft Legislation Received\2007\10-May 23\TO2141Graffiti Ordinance.doc Temp. Ord. # 2141 April 9, 2007 Page 6 of 8 imputed to the parent or guardian having custody of the minor. A parent or guardian having custody of a minor convicted under the provisions of this section shall be liable for any fine or restitution assessed or ordered_ by_the City's Code Enforcement Board or a court of competent jurisdiction. The parental responsibility imposed under this sub -section shall be in addition to the liability imposed b Florida Statutes 741.24 as may be amended from time to time. 4) Anv person who aives information leadina to the arrest and convictionof any person for violation of this section, who testifies in the prosecution of the violator, shall be eligible after all appeals have been exhausted, to receive a reward of One Hundred ($100.00) Dollars from the City, except that no police officer or code enforcement officer of the City shall be eligible for such reward. (d) O Fines; imprisonment. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than one hundred dollars ($100.00) for a first offense and not more than five hundred dollars ($500.00) for a second offense or by imprisonment for not more than sixty (60) days per occurrence, or by both fine and imprisonment, in the discretion of the court. In addition to anv punishment or fine. a defendant found to be in violation of this section shall be required to perform a minimum of twenty (20 hours of community service within the City of Tamarac. - -- - -- - -- - - - -- -- - -- - ---- -- - � 1111ei1�<I-1�l\!ul JitlLl:�!1:1��11.IPl�I!U�'L �-1-1�15� CODING: Words in StFilke through type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 UALegislation\Draft Legislation Received\2007\10-May 23\TO2141Grafti Ordinance.doc Temp. r • April • 2007 Page of i (1) it shall be 161191lawful fOF the owneF of any private real or pers within the three (3) day peHed, then the eity may bFingenfe!Feem fine, "en, andk)F taking of eeneetive action pursuant to F.S.--§ 162.09. SECTION 3: It is the intention of the City Commission of the City of Tamarac, Florida 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, re -lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. CODING: Words in strike throu type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 UALegislation\Draft Legislation Received\2007\10-May 23\TO2141Graffiti Ordinance.doc Temp. Ord. # 2141 April 9, 2007 Page 8 of 8 SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this DAY OF , 2007. PASSED, SECOND READING this DAY OF 6�' , 2007. BY: MAYOR BETH TALABISCO ATTEST MARION SWENSON, CMC CITY CLERK HEREBY CERTIFY that I have approved this ORDINANCE* to form S l'kM TEL' % OOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: IST Reading MAYOR TALABISCO DIST 1: COMM PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. SSG/JGH 12-26-06 LIALegislation\Draft Legislation Received\2007\10-May 23\TO2141Graffiti ordinance.doc 1 1 1