(a) Intent. Graffiti on public and private property is a blighting factor which deteriorates property and also depreciates the value of the affected property, as well as the adjacent and surrounding properties. The mayor and board of aldermen find that graffiti or related inscribed materials is a public nuisance. It is the mayor and board of aldermen’s further intent to provide for the prohibition of the placement of graffiti on public and private property as herein set forth. While the property and its owner or possessor is a victim of the graffiti, it is the duty of the property owner or possessor to remove graffiti as soon as reasonably possible. To assist in preventing and controlling the further spread of graffiti the mayor and board of aldermen authorize the use of city funds to remove graffiti on public and private property as set forth herein.
(b) “Graffiti” Defined. As referred to herein, “graffiti” shall mean writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye or other similar substances on public or private buildings, structures, property or places which are not authorized or permitted under the city’s codes and ordinances regulating signs. For the purposes of this section, graffiti shall include any form of drawings, writings, markings or inscriptions regardless of the content or the nature of materials used in the commission of the act, except as specifically exempted, as set forth herein.
(c) Prohibition of Graffiti. It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real or personal property. Violation of this section shall be declared to be a municipal infraction punishable by the penalties as set forth herein.
(d) Removal of Graffiti. It shall be unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession or control of property to fail to remove or effectively obscure any graffiti upon such property. Violation of this section shall be declared to be a municipal infraction punishable by the penalties as set forth herein.
(e) Notice. Whenever the city becomes aware of the existence of graffiti on any property, the director of permits and code management or his designee is authorized to remove the graffiti as set forth in this section after giving, or causing to be given, written notice to remove or effectively obscure such graffiti to the property owner, such property owner’s agent or manager, or any other person in possession or control of the property. In the event that reasonable efforts by the city to serve written notice have been unsuccessful, then the city may serve such notice by posting the notice conspicuously on the affected property. If the city intends to place a lien on the property, as provided herein, it must also provide written notice to the property owner and all other persons whose names appear on the city tax rolls as having an interest in the property.
(f) City Removal—Liens. If the person owning such property, acting as manager or agent for the owner of such property, or in the possession or control of such property fails to remove or effectively obscure the graffiti within thirty (30) days from receipt of the notice described in this section, the city may cause the graffiti to be removed or effectively obscured and charge the property owner, or property owner’s manager or agent, for the expenses incurred by the city to do so. The city may file an action in a court of competent jurisdiction to recover all expenses, which shall include all attorney’s fees and costs relating to enforcing this section or collecting such expenses. The city may also record a lien in the public records of Frederick County which lien shall include all expenses, attorney’s fees and costs of the city and shall bear interest from the date of recording at twelve percent (12%) per annum, shall constitute a lien superior to all other liens save and except taxes, and may be enforced to the same extent that any other liens may be enforced by the city.
(g) Appeal Procedure. Appeals may be taken to the director of permits and code management by the person owning such property, acting as manager or agent for the owner of such property, or in possession or control of such property. Such party shall be afforded a public hearing upon filing a written request for such hearing with the director of permits and code management within ten (10) days of receipt of the notice described in this section, which request shall state the reasons for the appeal. The appeal shall be heard by a three (3) person appeal board consisting of the director of engineering and planning, the director of public works, and the director of public safety, or their respective designees. When the findings of the appeal board sustain the director of permits and code management, the director of permits and code management may set a new date for compliance or authorize the department of public works to proceed at the expiration of ten (10) days to remove or obscure the graffiti.
(h) City Removal. If the person owning such property, acting as agent or manager for the owner of such property, or in possession or control of such property consents to the removal or obscuring of the graffiti by the city within ten (10) days from receipt of the notice described in this section, the director of permits and code management may authorize the removal of the graffiti at the city’s expense. Such consent shall be in writing and accompanied by a release acceptable to the city. In the event of exigent circumstances, the city may authorize the removal of the graffiti by the city immediately upon receipt of the notice described in this section. In no case shall the city paint or repair any more extensive area than that where the graffiti is located. In no case shall the city paint or repair an area in excess of one hundred (100) square feet in size. In no case shall the city be obligated or required to remove or obscure the graffiti as allowed in this subsection. The city shall not be required to restore the obscured area to its original condition (i.e., color, texture, etc.).
(i) Penalty—Property Owner. Violation of subsection (d) of this section shall be declared to be a municipal infraction. Any person owning property, acting as agent or manager for the owner of such property, or in possession or control of such property, who commits a violation of this section by allowing graffiti to remain on the property, upon conviction shall be punished by a fine in the amount of one hundred dollars ($100.00). In deciding the amount of fine to impose, the court may consider the efforts taken by the violator, if any, to remove or effectively obscure the subject graffiti in a timely manner and how often the violator has been victimized by graffiti during the preceding calendar year. The provisions of this subsection shall not apply to a property owner, manager, agent, or possessor of property if, in the sole determination of the director of permits and code management, such property owner, agent, manager or possessor has been victimized two (2) or more times by graffiti within any calendar year, and, during such time, has removed or effectively obscured such graffiti from the property in a timely manner.
(j) Penalty—Perpetrator. Violation of subsection (c) of this section shall be declared to be a municipal infraction. Any person convicted of a violation of this section shall be punished by a fine not to exceed two hundred fifty dollars ($250.00) for a first offense, and five hundred dollars ($500.00) for a second and any subsequent offenses. Where a minor is found to have violated this section, the payment of any fine and court costs imposed by this section shall be the responsibility of such minor’s parents or legal guardian.
(k) Restitution. In addition to any fines or punishment imposed, the court may further order the defendant to make restitution to the victim for the damage or loss caused directly or indirectly by the defendant’s offense in a reasonable amount or manner to be determined by the court. Where the defendant is a minor, the court shall order the parent or legal guardian of such minor to make such restitution.
(l) Anti-Graffiti Fund. The mayor and board of aldermen do hereby create the City of Frederick Anti-Graffiti Fund (the “fund”). Penalties assessed against violators of this section which are ultimately collected by the city shall be placed in the fund. The mayor and board of aldermen shall direct the expenditure of moneys in the fund. Such expenditures shall be limited to the payment of the cost of removal of graffiti and such other public purposes as may be approved by the mayor and board of aldermen.
(m) Exemption. This section shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children’s activities, such as drawing or bases for stickball, kickball, handball, hopscotch and the like, nor temporary, easily removable chalk or water soluble markings used in connection with any lawful business or public purpose, any approved public art project, or activity not otherwise prohibited by city code or ordinance. (Ord. No. G-96-27, § 1, 7-18-96; Ord. No. G-98-13, § 1, 3-19-98)