1998-01-26 Workshop and Regular Meeting of City Council

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ORDINANCE NO. 98 - Cal Y PAGE 2 Graffiti Implement shall mean an aerosol paint container, a broad -tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. Owner or Occupant shall mean the record owner of the lot or parcel or responsible party or the tenant of a residential or commercial property. Unauthorized shall mean without the consent of the owner or occupant or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of evidence of specific authorization of the graffiti by the owner, (ii) that the graffiti is inconsistent with the design and use of the subject property, or (iii) that the person causing the graffiti was unknown to the owner. SECTION 2. GRAFFITI AS A NUISANCE. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on public or private property. The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Ordinance. It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. SECTION 3 REMOVAL OF GRAFFITI BY PERPETRATOR. Any person applying graffiti on public or private property shall have the duty to remove within seventy-two (72) hours after notice by the City. Such removal shall be done in a manner prescribed by the City Manager, or his designee. Any person applying graffiti shall be responsible for the removal or for the payment of the removal, provided that the owner of the property gives consent for the perpetrator to enter the affected property for purposes of said removal. An officer or an agent of the City of La Porte (as designated by the City Manager) shall be present at all times that a perpetrator has re-entered a property for purposes of removal of graffiti, for purposes of supervision of the removal. It is an unlawful act, punishable in accordance with the terms of this ordinance, for any person to fail to remove graffiti or pay for the removal of graffiti applied by such person.