1998-01-12 Workshop and Regular Meeting of City Council

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• ORDINANCE NO. 97 - AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF LA PORTE, TEXAS, BY PROHIBITING THE SPREAD OF GRAFFITI VANDALISM; AND ESTABLISHING A PROGRAM FOR THE REMOV~IL OF GRAFFITI FROM PUBLIC AND PRIVATE PROPERTY; REQUIRING TIRE REMOVAL OF SAID GRAFFITI; MAKING IT UNLAWFUL FOR ANY PERSON TO DEFACE ANY PUBLIC OR PRIVATE PROPERTY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANl' SUM NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) AND EACH D~1Y OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, pursuant to Texas law, including the City's powers as a home rule municipality, the City may enact ordinances to protect the health, safety and welfare of its citizens; and WHEREAS, the City Council has determined that unauthorized markings, including graffiti, on buildings and other structures constitute a visual blight and safety hazard, and are often used to identify gang territory, promote organized crime and provide a communication system for gangs that furthers criminal activities; and WHEREAS, the City Council has also determined that visual blight as described herein contributes to neighborhood deterioration and damages property, as well as being objectionable and unsightly, and therefore constitutes a public nuisance; and WHEREAS, the City Council finds that visual blight as described herein is a public nuisancE:, and as a result, wishes to provide for the abatement thereof within the City of La Forte; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS, THAT: SECTION 1. DEFINITIONS. Graffiti shall mean any daaut~etized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti impteme:nt, +^ ~~° °~'°^~'~ e