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Home My WebLink About8.d. Graffiti Ordinance � City of Rosemount Executive Summary for Action City Council Meetiag Date: July 19, 1994 Ageada Item: Graffiti Ordinance Agenda Section: NEW BUSINESS Prepared By: Ron Wasmund, Director of Ageada No: Community Development i��J� � � � t IYI Attachments: Memo; Staff and Attorney Approved By: Drafts of Ordinance; Draft Booklet; Newspaper Articles . / On the attached memo I have explained the need and the approach for the creation of a graffiti ordinance. Recommended Action: None - Discussion Only City Council Action: 7-19-94.002 C i TY O F RO S E M O U N T 2875 C145tHS�t eet West P.O.Box 510 EVef thin s Comin U Rosemountl! Rosemount, MN y g 9 P 55068-0510 Phone: 612•423•441 1 TO': Tom Burt, City Administrator Fax:512•�23-�?03 Mayor McMenomy Council Members: Anderson, Busho, Staats, Wippermann � ! FROM: Ron Wasmund, Director of Community Development r��%" DATE: July 14, 1994 SUBJ. Graffiti Ordinance I am presenting this draft ordinance for your review and consideration of a graffiti ordinance in the City of Rosemount. The ordinance is in response to incidents that have occuned. CSAH 42 and Shannon Pazkway, various park properties, and reoccunences at the Tom Thumb Store on Dodd. Various members of the community have expressed an interest in seein� a graffiti ordinance to try to stop additional occurrences of graffiti from occurring. In discussions with other staff inembers we have tried to determine what the intent of the ordinance should be. We have determined that we need to discourage proliferation of graffiti incidents, encourage the property owners to cover up graffiti that occurs, provide enforcement power to the Police Department for prosecution of those caught in the act, and provide a method for the City to enter onto private property and cover up graffiti as necessary. ' In looking at how to achieve these intents we suggest that it be a misdemeanor offense for anybody caught defacing property with spray paint or indelible markers. We are developing a booklet to hand out to property owners at the time of investigation by the Police Department. The pamphlet will inform property owners of removal compounds and methods of obliteration. It will also contain a copy of the ordinance which will inform the property owners that they have 30 days in which to remove the graffiti or the City will do it. In developing the ordinance we have looked to other cities. We found that the only other cities that have made any attempt to create a graffiti ordinance are the cities of Minneapolis and St. Paul. Minneapolis simply goes out and covers up through painting the surfaces or trying to remove the graffiti by various methods at the city's expense. St. Paul has experimented with various methods of controlling graffiti that extend from licensing people to put graffiti on specially designated walls and building surfaces to using community service people for its removal. To date St. Paul is finding that their methods of control are not effective and they have recently enacted a law that makes it illegal for anyone to possess spray paint or broad tip marker with intent to commit graffiti. I have copies for your review two recent articles, one from the St. Paul Pioneer Press and one from the Minneapolis Tribune which explain some of the frustrations and approaches that St. Paul is taking. � �.intea on rxYcleAVaPei unr��n�.,o 37", x�.r-�.,��=um��ni.iteri�l�. Graf�ti Ordinance ' , July 14, 1994 Page Two It is of great interest to other cities and all of those contacted have indicated their interest in reviewing our ordinance upon its completion. What we would like to achieve from a graffiti ordinance is: 1) the prevention of it occurring; 2) prosecution of those that are caught in the act of doing it; and 3) the timely obliteration and cover-up of any graffiti that has happened without the violation of first amendment rights. This item is presented to you for your discussion only. We will continue to proceed with the refinement and formulation of language which will incorporate any comments from you. We will return with a final draft for adoption. ;:��n ir� u a ainst ra#fiti � � g p g � Spray paint may soon get you arrested in St. Paul By Mary Lynn Smith before they get out of controi as they of spray paint. Staff Writer have in such cities as Milwaukee, Chicago,New York`and Los Angeles. In Aurora, Ill., 35 miles southwest of Possessing a spray paint can or a Chicago, minors are prohibited from wide-tip permanent-mk marker in State taw already makes it illegal for possessing cans of spray paint uniess the wrong place at the wrong time minors to buy spray paint. The St. they're supervised by a parent or em- could get a person arrested in St.Paui Paul proposal outlawing possession ployer or are using it as part of a if the City Council changes the crim- with the intent to deface property is supervised activity at school or inal code to bo(ster its fight against just another tool to stop graffiti, said church. If Aurora police catch a mi- graffiti. Larry NicDonald, commander of the nor transporting spray paint in a car, St. Paul Police DepartmenYs south- they can impound the car. Police The proposed ordinance would make west team. there don't have to prove intent to it a misdemeanor for a person to deface property. possess the spray paint or marker if Proving intent to use the paint for its intended use were to deface prop- graffiti may be difficult, but the pro- "If a kid wants to spray paint his erty without the owner's permission. posed ordinance acknowledges that bike, he needs to get mom or dad," The proposal covers non-water-solu- people may have legitimate uses for said Scott McCleary, executive assis- ble spray and liquid paint containers spray paint, explained Leslie Nor- tant to Aurora's mayor. and permanent-ink markers with at sted, an assistant Ramsey County at- least half-inch tips. A public hearing torney. ".� kid may need the paint to He said it's too early to tell whether on the ordinance is scheduled for spray paint his bike or help his par- Aurora's six-month-old ordinance next week. ents spray paint their lawn furni- has helped to curb graffiti. And so ture,"she said. far, no one has challenged its consti- St. Paul and Minneapolis officials tutionality. "It's similar to laws re- have increased ef�'orts to combat graf- Other L.S, cities have approved var- fiti, saying they want to curb them ious prohibicions against possession Graffiti continued on page 7B Fr� ,�u•M 8 ��'Y 4 1�Lt,K w•�y��l',-s .�{�.,r -�-Tr i la�c_ �ffiti/ Cities are worried about dama e to ima e g 9 . ued fmm page 1B the graffiti, however, are produced the illegal anwork. "I want to get rid of graffiti," Thune by "taggers, " who cover walls with said, "but I want to prosecute the ig a minor's ability to purchase extravagantly colored murals or large St. Paui administrators have pro- vandals who do it." t or drive a motor vehicie,"he stylized signatures. posed an ordinance that would de- clare graf�iti a public nuisance,allow- St. Paul spent at least $56,000 last But Minneapolis and St. Paul city ing city officials to order property year to remove graffiti, and it could :w Stark,president of the Min- officials don't care who does it: They owners to remove them from their spend twice that much this year if Civil Liberties Union, said he believe that graffiti damage property property. If an owner doesn't do so, graffiti continue to increase. ' °t comment on St. Paul's pro- and give residents and visitors the the city would remove the graf�iti " ordinance because he hasn't wrong impression. and bill the property owner. But that Graffiti artists caught in action can t. "In general we look with proposal has been dormant without a be arrested and charged with crirrzi- isdain on any attempt to cen- St. Paul officials have tried to steer council member to sponsor it. nal damage to property. St. Paul po- at people put or are allowed to some would-be vandals to Graffiti lice have made at least 50 arrests in their buildings," he said. But Inc., a program that allows graffiti City Council President Dave Thune the last 18 months, McDonald said. ivil Liberties Union doesn't artists to paint legally on commis- said he doesn't support the proposal, Some of those who've been convicted t desuuction of property, he sioned walis. Minneapolis will ex- saying he doesn't want to punish a have been sentenced to do communi- periment with a curtew crackdown in graffiti victim twice. In addition, the ty service, some have made restitu- nald said peopie feel unsafe a few weeks to stop some of the cost of removing graffiti could bank- tion and a few have been sent to the they see graffiti because they vandals. And officials in both cities rupt some small businesses,he said. workhouse. ,te them with gangs. Most of have promoted programs to remove ._.�r ld-+�- �y 8f !9 y� `Lt cvt;�c.e.��(is �•�-�- �r r ___ �� 4B D SaI�T P�CL PIONEER PRESS W'ED�FSDA`�".JU�E '3. I94_ Crackdown on graffiti keeps St. Paul one ste� ahead of vandals ANN BAKER STAFF WRITER � � "` ' ` � � I ' �r nt(` ,�' � �.. �� ,. { �'� y • �'�,��"-+yk ,,.1"�}� p{ .: 'n the battle between graffiti art- �� `��` ��,£ y�-�,_ , �'�'"�`�x� � ists and city workers in St. Paul, sY� $�, y ' � �.��°�� fi•�°"� �� ,� the city is ahead — but just by a ;fi:= �� F,� �• . �� `�� brush stroke. � � `��" " � � ;;�_ ��: . �`��' �t', ` '� The graffiti artists don't seem " �� `- �-' � "�" ��'`"�`�* � � °� '` �`�'N w k° to be spraying and scrawling as � � � � �`:�. � �`k `` � much this year in the Grand Ave- ` � ��a �� , �� nue and Highland Park neighbor- � � � a•, _ �.��,P�„ �- , ,�, �.. :` hoods, where their signatures " �'Y� �,� .�� ,A,,�� '�' , _ ��„� ,,� �`, started to mar buildings and bus � '^ ':K,,.� �, �°" ' .. "�`�� ' �= . stops three years ago. "�� '.."' � ''"� - ` �.�- -'�`��- �,;;��`'a-y�' �.� "I think they've moved to the ��';� � f; ,�. "� �< ' � d-� suburbs." said Milt Luttrell, who ~�°�� `°�.� . � '��, heads the graffiti detail for St. � �` � �' ` r �- ��: �' :�:� �, � � Paul Public Works. "We're seeing �� '� � ' �+ � ' � �'� less in the southwest area. I'm �' � "�.; '�� < guardedly optimistic." But, he ' > ` �' quickly added, "You gotta keep at �� ;�� ' _•'. �'"'°" � , ,� it." �'�.��..' � � ��'g .§�� x. . Besides fast removal or cover- °"`�� '� .m-- up with cement and strippers, „d�:,,w *«"'�� ' wire brushes and pressure hoses, ; ��` ` �� St. Paul has launched a graffiti � ��; �`" �� "� crackdown of sorts in recent '�'n` weeks: ■About 50 "taggers," the street �. � �� nickname for graffiti artists, have. been arrested, with many of the '� ,� �w� offenders fined and assigned to do �� „; - � ,�.-,� community service. �� `r ` � ■Vandals who voluntarily come �^ �� , �?.��& ��`� � � forward have been diverted into � s�-„ , �', �,� �.:� � '° " � . painting ciasses and public mural _ �� ' �. ; _ �"� a ��:� �� makin . Some of the murals are �� "" �` �"'4- �`� ��'��' k��'�� s on dispiay at Brothers Coffee �°a� '� -. "'''�Y��' ��= �'�,��r Shop, B.T. Bombers Boxing Club V"� `� "' '' �" " " �% and the office of Central Palice FRANK ROBERTSON/PIONEER PRES� Team Commander John Sturner. Sooze Hickman of St. Paul sits in the shadow of art covering the wal� of Dunn Brothers Coffes Shop. Sponsors are looking for more 1569 Grand Ave. More building oevners are being sought to donate space for such "lega!" graffiti. building owners wiiling to donate a space to be decorated. it a crime to carry a spray can or But Vogland is troubled by a '`The cre�tis are getting almos� ■A seven-minute video on re- marker w ith the intent to deface recent trend. ganglike," she added. moval techniques is being pro- property. The Citc Council is ex- duced. One hundred copies of the pected to discuss the proposal She said the teen-agers and � video "Out of Si ht" will be dis- soon. yovng adults who started painting ! + g You re Invited to a Kentuc�y-sryle tributed for public use next week "St. Paul is so much further their marks solo, then in crews of � horse show in lNinnesota! at public libraries and community ahead than any other city nation- three to five, now have started to j Brin the F,amil council offices. wide,"said �4eredith Vogland,who spray moving buses and railroad • 9 Y ■On June 1, the Citv Council set with police officers, artists and cars. They are also etching their , a seven-day deadline for parks and youth workers formed Graffiti symbols with screwdrivers on bus- � public works staff to get rid of Inc. t�tio �ears ago to identify and es and public restrooms. i graffiti when it appears on city redirect offenders into more posi- "Violence enters the picture," property. tive endeavors. Now she is the Po- she said, noting that many of the June 22-25/lree parking ali 4 nights The Police Department has also �ice Department's East Side crime young artists are getting addicted , �OTH ANNUAL TANBARK CAVALCADE proposed a city ordinance making prevention coordinator. to their aerosol propellants. OF ROSES,STATE fAIR COLISEUM I Free admission June 22&23 Celebrify Rider Night June 23 53 at the door.June 24&25 '---�..__ —..�___.'.�._-_�.--��.—__—�'----- P.W9S a R��07�f1P.P U� ::'�� I b�.">' ��.veule,_n.�e f Asi�ie�r��in . Attorneys At Law 1303 South Frontage Road Hastings, MN 55033 Telephone 61Z-438-9777 F LU E G E L MOYN I H A N & M I L E S. P.A. Fax b12-438-9775 Donald J. Fluegel Shawn M. Moynihan J. Michael htiles Joan M. Fluegel MEMORANDUM T0: Tom Burt , City Administrator Ron Wasmund, Public Works Director Lyle Knutsen, Chief of Police Dave Bechtold, Parks Director � FROM: Mike Miles , � ity Attorney a , RE: Proposed City Graffiti Ordinance Please find attached another rendition of the proposed City ordinance regarding graffiti and related markings on property. The only change from the previous draft is that I have removed the requirement that the affected property owner pay for costs associated with the City ' s removal of graffiti after the lapse of the 30 day grace period. ORDINANCE N0. CITY OF ROSEMOUNT DAROTA COUNTY, MINNESOTA AN ORDINANCE TO CONTROL THE PROLIFERATION AND UNSIGHTLINESS OF UNDESIRAI3LE AND UNSOLICITED GRAPHICS, MARRS OR WRITINGS IN PUBLIC OR PRIVATE PROPERTY The City Council of the City of Rasemount ordains as follows : Definitions "Cover-up" Is permanent obliteration of Graffiti by use of paints or other materials which do not necessarily match the decorative theme or color of the building or other object on which the Graffiti has been placed. "Graffiti" Is the placement of obscene or offensive symbols or markings on a building or other item of property by use of paint, markers, scratching, carving or other indelible means . "Property Owner" Is the person or persons whose name or names appear on the most current property tax record filed with the County of Dakota. "Written Consent" Written permission through which a property owner authorizes the use of his or her property for the display of symbols or markings . Purpose and Intent It shall be unlawful for any person to place graphics, marks or writings on the property af another person without the property owner' s written consent. It shall be unlawful for any person, with or without the property owner's written consent, to place Graffiti on said person` s property. Graffiti which is allowed by a property owner or owners to remain in public view on the property for a period of longer than 30 days is declared to be a nuisance and the City may enter upon the property and remove or cover up the Graffiti . It shall be unlawful for a property owner or owners to allow Graffiti to remain on the property for longer than 30 days and refuse to allow the City to enter upon the premises to remove or cover up the Graffiti . Adopted this day of , 1994 . E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Published this day of , 1994 in Farminaton Independent. 2 M E M O R A N D U M TO: Ron Wasmund Public Works Director ��/��,� FROM: Mike Miles �,� ,�'��1 �� City Attorney U�- 9� �V �'v Jr��lJn�� DATE: May 12, 1994 RE: Draft Graffiti Ordinance I have taken the liberty of revising the ordinance you provided to me yesterday. Basically, I have tried to close a few loopholes and expand upon the definitions as necessary. However, I n�ust share witli you several iegal concerns regarding the enactment and enforcement of such an ordinance. First, the United States and Minnesota Constitutions are very specific in the protections of the freedom of speech and expression. Thus, although the City miqht be faced with a very garish or otherwise offensive piece of graffiti on a building, if -�he owner of the structure wanted to keep this message visible, the City could, by exercising its right of entry and obliterating the graffiti, be accused of violation of the building owner' s First Amendment rights . Second, City ordinances and other laws need to be specif ic and understandable to be enforceable. I found it very difficult to "zero in" on a highly specific definition of what constitutes graffiti . In closing, I believe the reason that you have been unable to find graffiti ordinances in neighboring communities is probably because of concerns about freedom of speech and expression and adequate definition of what is improper. At a minimum, if the ordinance is enacted in some form, I would counsel that it should be enforced wi�h a great deal of c3��tion. Please contact me if you have questions . JMM:gmo ORDINANCE NO. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA AN ORDINANCE TO CONTROL THE PROLIFERATION AND UNSIGHTLINESS OF UNDESIRABLE AND UNSOLICITED GRAPHICS, MARKS OR WRITINGS ON PUBLIC OR PRIVATE PROPERTY The City Council of the City of Rosemount ordains as follows: Definitions "Graffiti" - shal! be described as defacing property by use of paint, markers, scratching, carving or other indelible markings. "Owner" - shall be described as the person or persons whose names appear on the most current property tax records on file with Dakota County. "Cover-up" - shall be described as the permanent obliteration of graffiti not intended to necessarily match decorative theme or color. "Consent" - written permission acknowledging purpose and intent of use of property for display. Purpose and Intent It shal! be unlawful for any person to place graphics, marks or writings on another persons property without expressed written consent. No graffiti shall remain in sight of public view. Graffiti which is allowed to remain in public view for a period of time longer than 30 days is declared to be a nuisance and the City may remove or cover-up the graffiti and charge the removal or cover up to the owner of the property. Allowing graffiti to remain for a period of longer than 30 days and refusing the City to remove or cover-up shall be considered to be a misdemeanor offense. Adopted this day of , 1994. E. B. McMenomy, Mayor ATTEST: Susan M. 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