10.53 - Graffiti § 10.53
Section 10.53: Graffiti
Subdivision 1. Purpose
A. The City Council finds that it is necessary to adopt regulations to prevent the
spread of Graffiti vandalism and to establish a program for the removal of
Graffiti from public and private property.
B. The Council finds that Graffiti is a public nuisance and destructive of the
rights and values of property owners as well as the entire community.
Subdivision 2. Definitions
The following terms, as used in this Section, shall have the meanings stated:
A. Aerosol Paint Container: Any aerosol container that is adapted or made for
the purpose of applying spray paint or other substances capable of defacing
property.
B. Administrative Citation: An official notification of a violation of any
provision of this Section. Such citations require correction of the violation and
may impose fines upon the responsible party.
C. Broad-Tipped Marker: Any felt tip indelible marker or similar implement
with a flat or angled writing surface that, at its broadest width, is greater
than one-fourth of an inch, containing ink or other pigmented liquid that is
not water soluble.
D. Etching Equipment: Any tool, device, or substance that can be used to
make permanent marks on any natural or man-made surface.
E. Graffiti: Any unauthorized inscription, word, figure, painting, symbol, 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 Implement.
F. Graffiti Implement: 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.
G. Paint Stick or Graffiti Stick: Any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance capable of being applied to a
surface by pressure and leaving a mark of at least one-fourth of an inch in
width.
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§ 10.53
Subdivision 3. Prohibited Acts
A. Defacement. It is unlawful for any person to apply Graffiti to any natural or
man-made surface on any publicly or privately owned property without the
owner's permission.
B. Possession of Graffiti Implements. Unless otherwise authorized by the owner
or occupant, it is unlawful for any person to possess any Graffiti Implement
while:
1. Within two hundred (200) feet of any Graffiti located in or on a public
facility, park, playground, swimming pool, recreational facility, bridge, or
other public building or structure owned or operated by a governmental
agency; or
2. Within two hundred (200) feet of any Graffiti located in any public place
or on private property, between the hours of 10 pm and 5 am.
Subdivision 4. Graffiti as Nuisance
A. Declaration. The existence of Graffiti on public or private property in violation
of this Section is expressly declared to be a public nuisance and, therefore, is
subject to the removal and abatement provisions specified in this Section.
B. Duty of property owner. 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.
C. Repeat violations. If a property is subject to three (3) or more occurrences of
Graffiti within a year, application of anti-Graffiti material of a type and nature
that is acceptable to the City may be required for each of the publicly
viewable surfaces after notification by the City, or imposed during
improvements or construction activities to the site as determined by the City.
Subdivision 5. Removal of Graffiti
A. By perpetrator. The City may require any person applying Graffiti on public or
private property to pay for all costs for removal of the Graffiti within twenty
four (24) hours after notice by the City or property owner. The removal must
be performed in a manner prescribed by the City, with materials and colors
compatible with existing surfaces, and to a comparable or improved condition
before the Graffiti application as determined by the City. Where Graffiti is
applied by a person under eighteen (18) years old, the parents or legal
guardian will also be responsible for such payment for the costs of removal.
Failure of any person to remove Graffiti or pay for the removal will constitute
an additional violation of this Section.
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§ 10.53
B. By property owner or City. In lieu of the procedure set forth in Subdivision
5A, the City may order that the Graffiti be removed by the property owner or
any person who may be in possession or who has the right to possess such
property, pursuant to the nuisance abatement procedure herein. Graffiti
removal and corrections must be performed within ten (10) days of being
notified by the City. The abatement shall be with materials and colors
compatible with existing surfaces and to a comparable or
C. Improved condition before the Graffiti application as determined by the City.
If the property owner or responsible party fails to remove offending Graffiti
within the time specified by the City, the City may commence abatement and
cost recovery proceedings for the Graffiti removal in accordance with this
Section.
Subdivision 6. Abatement Procedure
A. Abatement by City. If the owner, occupant, or other responsible party does
not comply with the notice within the time specified, the City may abate the
public nuisance.
B. Notice and Hearing. The following notification must be conducted prior to City
abatement of the public nuisance. Whenever it is determined that a public
nuisance is being maintained or exists on a property, the City Manager's
designee must give ten day's written notice through service by mail, by
posting a notice on the property, or by personal delivery to the owner of or
person in control of the property on which the public nuisance is located.
When the property is occupied, service upon the occupant is deemed service
upon the owner. Where the property is unoccupied or abandoned, service
may be by mail to the last known owner of record of the property or by
posting on the property. The notice must state:
1. A description of the public nuisance;
2. That the public nuisance must be corrected within ten (10) days of the
service of the notice;
3. That if the public nuisance is not properly removed or corrected as
ordered, the public nuisance will be abated by the City and the costs of
abatement will be specially assessed to the property taxes;
4. That the owner of or person in control of the property on which the public
nuisance is located may in writing request a hearing before the City
Council.
C. Hearing, action. If a hearing is requested during the ten (10) day period, the
City Manager's designee must promptly schedule the hearing, and no further
action on the abatement of the public nuisance may be taken until the City
Council's decision is rendered. At the conclusion of the scheduled hearing,
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§ 10.53
the City Council may cancel the notice to remove or correct the public
nuisance, modify the notice, or affirm the notice to remove or correct the
public nuisance. If the notice is modified or affirmed, the public nuisance
must be disposed of in accordance with the City's written order.
D. Summary abatement. The enforcing officer may provide for abating a public
nuisance without following the procedure required in Subdivision 6B when:
1. There is an immediate threat to the public health or safety;
2. There is an immediate threat of serious property damage;
3. A public nuisance has been caused by private parties on public property;
or
4. Any other condition exists that violates state or local law and that is a
public health or safety hazard. A reasonable attempt must be made to
notify the owner, occupant, or other responsible party of the intended
action and the right to appeal the abatement and cost recovery at the
next regularly scheduled City Council meeting.
Subdivision 7. Administrative Citations and Cost Recovery
The owner of property on which a nuisance has been abated by the City, or a
person who has caused a public nuisance on property not owned by that person, is
personally liable to the City for the cost of the abatement, including administrative
costs. As soon as the work has been completed and the cost determined, an
appropriate official will prepare a bill for the cost and mail it to the owner or other
responsible party. The amount is immediately due and payable to the City.
Source: Ordinance No. 565, 2nd Series
Effective Date: 7-31-15
Subdivision 8. Penalties
A. Any violation of this Section is a misdemeanor, punishable in accordance with
State law.
B. This Section is not intended to prohibit a private property owner from
seeking additional penalties or remedies.
Source: Ordinance No. 364, 2nd Series
Effective Date: 1-12-07
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