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Home My WebLink About13.B.1. Graffiti Ordinance-Ord. No. 777 J 3. 8. /. CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Captain Jeff Tate$- SUBJECT: Graffiti Ordinance DATE: May 9,2007 INTRODUCTION: The Council is asked to consider approving Ordinance Number 777, Fourth Series an ordinance of the City of Shako pee, MN amending city code chapter 10, section 10.53 relating to public nuisance (Graffiti Removal). BACKGROUND: The Police Department has responded to a growing number of vandalism reports in 2006 and 2007, specifically the number of reports involving graffiti. The graffiti is not immediately removed in most cases, causing an eyesore and a feeling of uneasiness for citizens who live or travel through the affected areas. Studies show that the sooner the graffiti is removed, the less chance there is of the graffiti returning. The studies also show that when smaller property crimes are handled effectively, the larger, more violent crimes have also decreased. In researching what other cities have done to curb graffiti, I located several graffiti ordinances. These graffiti ordinances I found required that the graffiti be removed within a specific time period. For instance, Mankato, MN requires that any graffiti be removed with in 2 days of notification by the city; Bloomington requires that graffiti be removed with in 10 business days of notification by the city. The Police Department would propose to adopt the following attached Ordinance to help resolve the graffiti problem. The city's attorney has reviewed the proposed language. The new language is underlined, old language is stricken. In the past} the department has struggled to have businesses remove graffiti in a timely manner. An example would be last summer where a convenience store took over four months to remove graffiti from their building. This ordinance would ensure that the graffiti is removed in a timely manner. The police department is currently developing a street crimes unit that will specifically target those responsible for graffiti. Along with additional enforcement, the department is working on improving crime prevention through environmental design in areas that frequently see graffiti. VISIONING RELATIONSHIP: This action supports: Goal B - High Quality of life. Strategy 7: Make community welcoming RECOMMENDATION: Staff recommends approval of ordinance number 777, Fourth Series an ordinance of the City of Shakopee, MN amending city code chapter 10, section 10.53 relating to public nuisance (Graffiti Removal). ACTION REQUESTED: The City Council, if they concur, should by motion approve ordinance 777, Fourth Series an ordinance of the City of Shako pee, MN amending city code chapter 10, section 10.53 relating to public nuisance (Graffiti Removal). Attachments: Proposed Graffiti Ordinance Mankato Graffiti Ordinance Bloomington Graffiti Ordinance Graffiti Examples ORDINANCE NO. 777, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 10, SECTION 10.53 RELATING TO PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF SHAKO PEE MINNESOTA ORDAINS: Section 1. City Code Chapter 10, Section 10.53., Subdivision 2, is amended to read as follows: Subd.2. Descrivtion of Nuisance. A public nuisance includes the following: I. Failing to remove or cover graffiti within ten (10) calendar davs, after receiving written notice from the City to remove graffiti. 1. "Graffiti" is defined as any 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 a permanent structure, fixture or obiect, including but not limited to: buildings, walls, fences, bridges, benches, shelters, sidewalks, hydrants, fountains, pavement, curbs, trees, rocks, signs, utility poles or boxes situated on public or private property, to the extent that the inscription, word, figure, painting or other defacement was not authorized in advance by the responsible party for the property. 2. "Responsible party" is defined as an owner, legal occupant, or an entity or person acting as an agent for an owner who has authority over the real property or is responsible for the property's maintenance or management. There may be more than one responsible party for a particular property. h J. Any other act or omission declared by claw to be a public nuisance. Section 2. City Code Chapter 10, Section 10.53 is amended to add a new Subdivision 3 as follows: Subd. 3. Graffiti Abatement. A. Notice. The City Administrator, or Administrator's agent, may notify the responsible party to remove graffiti from the property. The City Administrator will send notice to the responsible party by mail or by personal delivery. B. City Removal. If the responsible party does not remove graffiti, as defined in subd. 2(1) of this section, within ten (10) calendar days after receiving notice from the City, the City may remove the graffiti in a manner it deems appropriate. C. Rie:ht to Hearine:. At any time prior to the City's removal of the graffiti, the responsible party may submit a written request for a hearing before the City Council to show cause why the graffiti should not be removed. At the hearing, the responsible party may present relevant testimony and evidence. The Council will make findings either for or against the removal of the graffiti. D. Costs. If the City removes the graffiti, the responsible party must reimburse the City for its actual costs within thirty (30) days after the City has mailed the bill for the costs. If the responsible party does not reimburse the City within 30 days, the City's costs will be charged as a lien upon the affected real estate and collected in the manner provided by law for the collection of special assessments. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of ,2007. Mayor of the City of Shakopee ATTEST: City Clerk Mankato City Code Section 9.67: Permitting a Public Nuisance Page 1 of 1 MANKATO "'!L.G .. r"',~: ':j ~ I , , f S " T \ City Council Home About Mankato City Council Services A-Z Departments Contact L Boards and Committees Home / City Council/City Code City Charter City Code City Code Community Grant 9 . Public Protection Crimes and Offenses Generally Program 9.67 : Permitting a Public Nuisance Council Agenda Council Handbook It is unlawful for any person to permit real or personal property under his control to be used to Council Meetings maintain a public nuisance, or let the same to another knowing it is to be so used. Council Minutes 1.000: Graffiti. Minutes Archive Minutes Search A.For purposes of this section, graffiti is defined as the unpermitted application of any drawing, inscription, figure or mark upon any structure, wall, rock, bridge, building, fence, Organizational Chart gate, roadway, tree or other real or personal property, either privately or publicly owned. Site Search B.Failure to remove or cover graffiti within two business days (Monday through Friday IGOI excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance. Back to: City Code / 9: Public Protection Crimes and Offenses Generally Keywords: city Mankato MN Minnesota code legal regulations information licensing license requirements public safety planning zoning financing. Home I Services A - Z I Site Map I Site Pages A-Z I Site Search I Contact Us I Employment @ 2007 City of Mankato, Minnesota http://mankato-mn.gov/CityCode/cityCode.aspx?sectionNum=9. 67 5/912007 Bloomington City Code Chapter 12 page 6 Page 1 of 1 Section 12.74. GRAFFITI ABATEMENT. (a) Duties of Responsible Party. It shall be the duty of each responsible party for real property within the City to remove any graffiti placed upon any surface of a permanent structure, fixture or object located thereon within ten (10) business days of being notified by the City that the presence of the graffiti is a public nuisance, unless a longer abatement period is set forth in the notice. The cost of such removal shall be paid by the responsible party. (b) Declaration of Public Nuisance. Where the existence of graffiti on private property is determined to constitute a public nuisance, the Environmental Health Services Manager, or the designee thereof, shall serve a written notice of that finding to the responsible party or parties for the property by personal service or by certified mail to the last known address supplemented by a posting of the notice in a conspicuous place on the property for at least twenty-four (24) hours. This notice shall contain the following: (1 ) The street address and/or legal description of the property sufficient for identification of the property; (2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to that finding; (3) A description of what must be done to abate the graffiti; (4) A statement that within the period set forth in the notice the responsible party must either abate the graffiti in the manner described in the notice or serve the City Environmental Health Services manager with a written demand for an administrative hearing and that failure to either abate or demand a hearing shall be deemed an admission that the graffiti constitutes a public nuisance subject to abatement by the City with assessment of those costs against the property as set forth in Section 12.06 of the City Code; and (5) A statement that the written demand for a hearing must contain the full names and dates of birth for all persons known to be responsible parties for the property; the street address of the property; and a specific statement of the grounds on which the responsible party contests the City's determination that the graffiti constitutes a public nuisance. (Added by Ord. No. 72-24, 4-24-72; amended by Ord. No. 80-58, 12-22-80; Recodified by Ord. No. 98-53, 11-16-98; Added by Ord. No. 2000-9, 5-15-2000) http://www.ci.bloomington.mn.us/code/Code12_6.html 5/10/2007 L ~ . ~ .------ ~. - ~. :0:.: :s....:.. - . '\ ~ '""k1,~ ll" h"f/I( , .... - An, ,J 'I'" " 'i " , I " 4 " L r )) (: YJ,/ 't AN~:.r ." ,', ,~' 1~1S~,." ~,....,..~ -~- .~ ~._~ - _H_ I I --- I I I I I . I I I I I I I I I I I I -.. - -. <~r. - -1 -~ ~ ~ ~ -' ~ - ~ 'r ;....,- ,r,'] .",. -, ~-:-~.~ - I( , 1 --:-;:::; ~ ;"'-'i-~ , - 1! - .....~ .&. .' l I ~. " " .l.i.._......~~,~ ~ I -,~ ~~.~ ~ - .\..;",~~ , , I ~ - -- ~ ~ - ~~..,. ~~ ~ -~-----J " ~..... ~ '~-"'.~~.~, I - - - ~ I ..~ ---- I ... - ~ -- - ~ "---- -.--- -- -- - - -- --- , C\ r-- -- - - f ~ I l II I 1. I j /: II I I j . I I I = I I I I I I I ----- - ~--