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<br />- <br /> <br />. <br /> <br />, <br /> <br />ORIGINAL <br /> <br />ORDINANCE NO. 98 - 2214 <br /> <br />AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE <br />PUBLIC WELFARE OF THE CITY OF LA PORTE, TEXAS, BY PROHIBITING THE <br />SPREAD OF GRAFFITI VANDALISM; REQUIRING THE REMOVAL OF SAID <br />GRAFFITI; MAKING IT UNLAWFUL FOR ANY PERSON TO DEFACE ANY <br />PUBLIC OR PRIVATE PROPERTY; PROVIDING THAT ANY PERSON <br />VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY <br />OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM <br />NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) AND EACH DAY OF <br />VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A <br />SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS <br />ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. <br /> <br />WHEREAS, pursuant to Texas law, including the City's powers as a home <br />rule municipality, the City may enact ordinances to protect the health, safety and <br />welfare of its citizens; and <br /> <br />WHEREAS, the City Council has determined that unauthorized markings, <br />including graffiti, on buildings and other structures constitute a visual blight and <br />safety hazard, and are often used to identify gang territory, promote organized crime <br />and provide a communication system for gangs that furthers criminal activities; and <br /> <br />WHEREAS, the City Council has also determined that visual blight as <br />described herein contributes to neighborhood deterioration and damages property, <br />as well as being objectionable and unsightly, and therefore constitutes a public <br />nuisance; and <br /> <br />WHEREAS, the City Council finds that visual blight as described herein is a <br />public nuisance, and as a result, wishes to provide for the abatement thereof within <br />the City of La Porte; NOW THEREFORE, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS, THAT: <br /> <br />SECTION 1. DEFINITIONS. <br /> <br />Agent shall mean any individual employed the City of La Porte, or a volunteer for <br />the City of La Porte, duly designated and authorized by the City Manager to act on <br />behalf of the City of La Porte pursuant to the terms of this ordinance. <br /> <br />Graffiti shall mean any inscription, word, figure, painting or other defacement that is <br />written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or <br />otherwise affixed to any surface of public or private property by any graffiti <br />implement. <br />