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Home My WebLink About4.j. Graffiti Ordinance t . . . . . . .. . _ . . . . . . � � . .. . . � . � . . CITY OF_ ROSEMOIINT _ :E%ECUTIVB StT�MARY FO& ACTZON CITY COUNCIL MEETING DATE: May 2, 1995 AGENDA ITEM: AGENDA BSCTION: GRAFFITI ORDINANCE CONSENT : PRBPARED BY. ELLIEL KNUTSEN, CHIEF OF POLICE AGSNDA NO. RON WASMUND, COMMUNITY DEVELOPMENT DIRECTOR ��EM � �'1" ATTACffiKEN'1'3: APPROQED BY: • REVISED ORDINANCE ✓'� On Apri1 18, 1995, the City Counail reviewed the proposed graffiti ordinance. Councilmember Staats shared a concern regarding section 7-T-3-B of the ordinance which lacked the word "intent". Shawn Moynihan, Prosecuting Attorney for the City of Rosemount, reviewed section 7-7-3-B and recommends the insertion of "with the intent to place graffiti . . . . " _ This recommended change is included in the revised ordinance for your consideration. RECOMMII�TDED ACTION: MOTION to adopt Ordinance No. XIV.14, AN ORDINANCE TO CONTROL TI� PROLIFERATION AND UNSIGH[TLIN]•:SS OF UNDESIRABLE AND UNSOLICITED GRAPHICS, MA12KS, OR VVRITINGS ON PUBLIC OR PRIVATE PROPERTY. COUNCIL ACTION: ORDINANCE NO.XIV.14 CITY OF ROSEMOUNT . DAKOTA COUNTY, MINNESOTA : ; AN ORDINANCE TO CONTROL :THE PROLIFERATION AND UNSIGHTLINESS OF UNDESIRABLE AND UNSOLICITED GRAPHICS, MARRS, OR WRITINGS ON PUBLIC . OR PRIVATE PROPERTY The City Council of the City of Rosemount, Minnesota ordains as follows: . SECTION I: Title 7 of Rosemount City Code is hereby amended as follows: CHAPTER 7 GRAFFITI CONTROL SECTION 7-7-1: Purpose : 7-7-2: Definitions 7-7-3: Unlawful Conduct and Possession of Graffiti Material 7-7-4: Limited Entry Upon Land - 7-7-5: ' Unlawful Conduct; Owner Responsibility 7-7-6: Police Identification of Graffiti 7-7-7: Hearing 7-7-8: Notice to Owner 7-7-9: Costs to be Assessed 7-7-10: Graffiti Abatement Civil in Nature 7-7-11: Severability 7-7-12: Penalties 7-7-1: PURPOSEs A. The Council finds that there are incidents of graffiti throughout the city and that these incidents are undesirable for the City of Rosemount. The Council finds that quick removal of the graffiti may assist in preventing encouragement of undesirable alements. B. The Council finds that exposure to the graffiti adversely affects the emotionaf well-being of city youth and creates peer pressure on city youth to join these undesirable and detrimental acts of vandalism. G The Council further finds that graffiti creates a condition of blight which can result in the deterioration of property values and is inconsistent with the City's property maintenance goals and aesthetic standa�ds. In addition, unless graffiti is removed, other properties soon become the targets of graffiti. i . ... . . . - _ .. � � .: � . �� a. .�� . D. The Council hereby declares its intention to minimize and to quickly remove -graffiti to limit its adverse impact on city youth and neighborhoods. Graffiti is hereby declared to be a public nuisance and a public health and safety hazard for purposes of Minnesota Statutes Section 429.101, Subd. 1(c) and Section 429A21, Subd. 1{8). . 7-7-2: DEFINITIONS: For purposes of this chapter, the terms defined in #his , section shall have the following meanings ascribed to them. GRAFFITI Any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched:, scrawled, painted, drawn, or otherwise placed on any surface of objects such as buildings, walls, fences, sidewalks, curbs, trees, rocks, or other permanent structures or objects on public or private property or the interior surfaces of those parts of buildings accessible to the general public and which have the effect of defacing the property: GRAFFITI MATERIALS Paint, aerosol, or pressurized containers of paint, indelible markers, ink, dye, or any other substance capable of defacing property. _ 7-?-3: UNLAWFUL CONDUCT REGARDING CREATION OF GRAFFITI AND POSSESSION OF GRAFFITI MATERIALS: A. tt shall be unlawfuf for any person to intentionally place graffiti on any surface or the interior surfaces of those parts of buildings accessible to the general public located on public or private property except with the permission of the person in lawful ownership or possession of such property and according with the requirements of the City's sign ordinance. A person who violates this section shall be guilty of a misdemeanor. B. It shall be untawful for any person to possess graffiti materials with the intent to place graffiti on any surface or the interior surfaces of those parts of buitdings accessible to the general public located on public or private property. A person who violates this section shall be guilty of a misdemeanor. 7-7-4: LIMITED ENTRY UPON LAND; INTERFERENCE WITH OFFICIAL DUTIES: A. Police department personnel that have probable cause to betieve a violation ofi tfiis chapter exists may enter upon private property at any reasonable time for the purpose of carrying out any of the dufies assigned to them under this chapter. However, prior to entry upon private property to verify the existence of a violation of this chapter, an appropriate warrant authorizing the contemplated search or other necessary actions shall be first obtained from a court of competent jurisdiction. If a property owner or person in possession of private 2 - property consents to entry by police onto the property, no warrant shali be required. B. Upon a finding by the Council that graffiti exists or with the consent of the : property owner, members af other city departments authorized by the Council : may enter upon pcivate premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this:chapter. C. lt shall be uNawful for any person to prevent, delay, or interfere with representatives of the city police department ar other city departments while . they are engaged in the performance of duties imposed by this chapter: A person who violates this section shall be guilty of a misdemeanor. D. A property owner may ask the city to remove graffiti from the owner's property before being ordered to do so following the abatement procedure set forth in 7- 7-5 through 7-7-9. If the city agrees to remove the graffiti, the city shall have the property owner or its designated agent sign a consent form authorizing the city or its agents to enter onto the property and a release of liability form. The property owner shall be liable for any costs which the city incurs in removing the graffiti. The city may collect the costs as a special assessment pursuant to Minnesota Statutes 429.101, Subd. 1 (c) if the property own�r fails to reimburse the city upon request. 7-7-5: UNLAWFUL CONDUCT; OWNER RESPONSIBILITY: A. It shall be unlawful for the owner of any property to allow graffiti to be piaced on any surface or the interior surfaces of those parts of buildings accessible to , the general public on the owner's property. A person who violates this section shall be guilty of a misdemeanor. B. It shall be unlawful for the owner of any property to aflow the graffiti to remain without making reasonable attempts to remove the graffiti within thirty (30) . days. A person who violates this section shall be guilty of a misdemeanor. 7-7-6: CITY POLICE TO IDENTIFY: A. Based upon information received from the public or upon police observation, the city police shall investigate and identify graffiti. After the police department has verified the existence of graffiti, the police chief shall send a letter to the property owner by certified mail informing the praperty owner about the graffiti and requesting the property owner to remove the graffiti within a reasonable period of time which shall be less than thirty (30) days, based upon consideration of weather conditions and other relevant factors. The poiice department shall verify whether the graffiti has in fact been removed. B. If the police department finds that the graffiti has not been removed within the time allotted, the department shall contact the city clerk, who shall schedule a 3 public hearing. The city clerk shall notify the affected property owner of the hearing date, the preliminary findings that graffiti exists on the owner's property and that the Council may after the hearing order the removal of the graffiti by either the property owner or the city`s department of public works, and if said department has to remove the graffiti, the costs will be assessed against the owner`s property. : 7-7-7: : HEARING: : A. At a hearing before the Council, the Council shall receive evidence from the , police department and from any other persons with knowledge as to the existence of graffiti.` The property owner shall be entitled to be heard on al1 matters retating to graffiti and the process of removal. The existence of graffiti must be proven by a preponderance of the evidence. B. If the Council finds that graffiti exists, the Council shall notify the department of public works and direct its removal in accordance with Section 7-7-8. The department of public works may authorize private contractors to handle graffiti removal. - 7-7-8: ' NOTICE TO OWNER: In the event the Council finds that graffiti exists, the police department shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall contain the following: (1) A description of the real estate sufficient for identification. (2) Inform the owner that the Council has found graffiti exists on the owner`s property. (3) A request that the owner remove or obliterate the graffiti within a reasonable time as determined by the CounciL (4) Inform the owner that unless corrective action is taken within the time aliotted, the department of public works may remove the graffiti and charge a�l costs incurred therein against the real estate as a special assessment to be collected in the same mannec as taxes against real estate. 7-7-9: COSTS TO BE ASSESSED: A. In the event the city removes and/or abates the graffiti, an accurate record of the costs incurred therein shall be kept by the department of public works and reported to the department af finance. The total costs of this abatement, including the administrative costs incurred by the department ofi finance in processing the abatement and costs incurred by the police department in investigating the graffiti, shall be considered the cost of the project. The city shall invoice such costs to the property owner and payment therefore shall be 4 . y � . . . � �� . . .� . � � . . . � . .. .. . . . . � . `due within one hund�ed eighty {780) days of the date of such invoice. At any ' time thereafter, the city councii may assess project costs: . B. In the event the person or persons responsible for the graffiti are convicted and ` the court orders the offender(s) to pay restitution for the cost of the clean up, and either the city or a private property owner have expended.funds to clean up the graffiti, the cestitution shall be directed to either the city or the pcivate property owner as reimbursement for the cost of'the clean up.` 7-7-10: GRAFFITI ABATEMENT CIVIL IN NATURE: A violation of this section relating to the abatement of graffiti, shall not be treated as misdemeanors nor shall they be criminal in nature. 7-7-11: SEVERABIUTY: If any provision of this ordinance is declared by any court of competent jurisdiction to be illegal and in conflict with any law, the validity of the remaining provisions and their application to other persons and circumstances shall not be affected. 7-7-12: PENALTY: Any person who violates any provision of this Chapter is guilty of a misdemeanor and upon conviction thereof shafl be:punished by a fine not exceeding seven hundred dollars t$700.001 or by imprisonment for a period not exceeding ninety t9�> days or both, plus in either case, the costs of prosecution. SECTION II: This ordinance shall be effective from and after its date of publication. ADOPTBD this 2ad day of May, 1995. E.B. McMenomy, Mayor ATTEST: . Susan M. Walsh, City Clerk Published this day of , 1995 in the Rosemount Town Pages. 5