City forms task force to address graffiti issue
STAFF REPORT

Posted: 11/21/2007


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FERNLEY--The City of Fernley has formed a Task Force to deal with graffiti issues in the community following discussion of the such matters at a recent City Council meeting.

The Task Force includes, City Parks & Recreation Director Keith Penner; Councilman Monte Martin; resident David Young, Fernley Intermediate School Vice Principal Bill Hoffman, local artist Christopher Wren and a representative from the Lyon County Sheriff's Office.

At the Nov. 7 City Council meeting, Penner offered a number of ways to mitigate the graffiti problems including a Secret Witness Reward Program, surveillance cameras, possibly felony graffiti charges, and utilizing current city ordinances that have provision that deal with controlling access to graffiti materials.

According to Penner's staff report the Secret Witness program would offer a reward for the arrest and conviction of graffiti vandals.

The Secret Witness program is a non-profit organization based in Reno and is funded through donations from businesses.

Penner indicated the surveillance cameras would be the most expensive and that the cameras can be placed in high target areas as a way to deter graffiti activity.

His staff report indicated, "The cameras are self-powered and can be secured to various types of structures. The cameras are self-powered and can be secured to various types of structures. The cameras activate when motion is detected, take photos and make a verbal announcement about the consequences of the illegal act."

The estimated cost is $10,000 for two Flash Cam cameras.

Penner also reported due to changes in state law, it is "possible to combine separate graffiti incidents resulting in potential felony charges for those involved in the crime of graffiti vandalism. The felony graffiti charge carries a potential sentence of 1-3 years in Nevada State Prison, as well as restitution for the cost of graffiti removal."

Penner also reported the City already has an ordinance the deals with controlling access to graffiti material. His staff report indicated, "The Code prohibits possession of graffiti materials by juveniles on or near school property or other public properties. It also criminalizes possession of graffiti materials with the intent to place graffiti on public or private property."

Graffiti material includes, "aerosol paint containers, aerosol paint container tips, broad-tipped markers with a width greater than 1/16-inch, paint sticks, graffiti sticks, engraving devices, etching tools or any other implement capable of marking on and/or scaring glass, metal, concrete or wood."

Penner's report also indicated that the "ordinance prohibits the sale of graffiti material to minors without parental consent, and requires retailers to maintain surveillance of displays of graffiti materials, or keep the materials in displays that are accessible only through employee assistance."

During the meeting Penner indicated of businesses that sell such material, "As of today when I walked through three of them, none of them are in compliance with the city ordinance."

When asked who would enforce city ordinances, City Attorney Jeff McGowan said law enforcement can enforce it and the city could also issue letters to the businesses indicating they are out of compliance and of the consequences.

Concerning the city offering funding, Joe Mortensen, councilman said he felt the city should provide seed money on the Secret Witness Reward Program.

"I believe it's very effective. We should be provide seed money for it," said Monte Martin, councilman.

He added he didn't want to see the issue dropped and the city needs to provide support.

According to Penner's staff report, funds for anti-graffiti programs may be available from the Municipal Court Administration fund.

Pat Norman, city clerk, though indicated that the court may not those funds available.

David Young, resident has been working on a Secret Witness program in Fernley and he reported that the Northern Nevada Secret Witness Board has indicated they will work with a local group.

He added that Secret Witness asks communities to get businesses to sponsor the program and "that's how it works."

Young said the city can give money and that Secret Witness will take the money but he didn't feel it's up to the city to fund it. "I think it needs to come from the community and businesses," he said.

Young added he has talked to 20-30 businesses in Fernley and they have been receptive to the idea.

Christopher Wren remarked he is a graffiti artist and his work is in his own backyard and therefore not illegal.

"I see graffiti as an artwork," he said, and added one reason juvenile's mark an area is simply to get their name out.

He then suggested graffiti walls be constructed where people can write or do graffiti. Wren further reported he was willing to construct the wall.

Lyon County Sheriff Office Deputy Russ Cadwallader; however, remarked the wall idea has been used in other cities. "Graffiti walls have been tried in numerous states and failed," he added the graffiti in Fernley is not art work.

Cadwallader added the graffiti in the area are gang related, specifically the Nurtenos and the Surentos.