The new graffiti definition is:

"Graffiti means a drawing or inscribing a message, slogan, sign or symbol or mark of any type that is made on any public or private building structure or surface, and that is made without permission of the owner."

The removal section now reads:

"No owner or occupant of a building or structure within the city shall permit graffiti on the building or structure or fail to eradicate graffiti from the building or structure within 15 days of owner/occupant's receipt of notice of the existence of graffiti."

As Police Chief Bob Huddleston explained to the council, the first step will be to ask for voluntary removal of the graffiti, either by the owner or occupant or by workers for the city anti-graffiti program.

"What we're working on right now," Huddleston said, "is we will have a letter that once graffiti is identified we will go to the property owner and present them with the letter that basically notifies them of the ordinance, that the removal of the graffiti is required.

"At that point we'll offer them an option.

"If they want to do it themselves, and probably take a little more care in matching paint and such, they can certainly do that, but we're going to offer them the option of having us, through our program, paint over it as well."

Councilman Steve Miller asked if individuals or business owners could sign a letter at the beginning of the program authorizing removal by the program workers any time graffiti is found.

"The letter that we've drafted has a check box on it and the responsible person can sign and then indicate whether or not they would like for that to be a long-term commitment," Huddleston said. "If they do agree for it to be a long-term commitment, the next time we see graffiti we can just go in and paint over it without recontacting them."

Councilman Karl Peterson questioned what happens if the building owner lives out of town and isn't aware of the removal requirements.

"Do the lessees in the building become responsible, or how does that responsibility carry out?" he asked.

Huddleston said he couldn't answer the legal part of the question, but "our approach is that the person in control of that property, even if it's a tenant that is renting a house or a business or something, we will seek permission from them to paint over it."

City Attorney Kay Bigelow said the legal position is that either the occupant or the tenant could be charged, "wherever we can get compliance. We will attempt to get compliance first, but if that doesn't happen then we charge either one."

Peterson said his concern is "that if the lessee doesn't have the authority or power to make changes to his or her property because of what's written in the contract with the landlord, that kind of puts the lessee in the middle here."

Huddleston said, "If for some reason we ran into a reluctance on their part to sign for it, we could pursue contacting the owner. We would certainly try that; we won't give up."

Councilman Ralph Varela asked what fines the ordinance calls for.

The situation is treated the same as other aesthetic code violations, Bigelow said.

First-time individual offenders refusing to remove the graffiti after 15 days face fines up to $500 for each violation. First-time enterprise, or business, offenders face fines of up to $1,000 for each violation.

Habitual offenders, or persons who have two refusals within a 24-month period, face fines of up to $2,500, at not less than $500 per count, and up to six months in jail. If an enterprise, or a business, is convicted as a habitual offender, the fine can go up to $20,000. Fines will not be less than $1,000 on each count.

That covers the damage, but Councilman Dick Powell wanted to know "what happens to the young artists if you happen to catch them?"

Huddleston said they would be charged with criminal damage.

"And we have caught some over the years and they go through the normal court system, juvenile court system; and sometimes adults," he said.

Varela also asked if the Police Department will have a public education and public awareness campaign on both the program and the ordinance changes.

"We will," Huddleston said. "There's already been one pretty lengthy article in the Dispatch about it, but we will follow up on that once we get the program up and moving, which should be soon, we're moving right along with it."

Councilman Al Gugenberger asked if there will be a fee for the graffiti removal.

"There's no charge," Huddleston said, but pointed out that the Police Department is hiring a temporary part-time coordinator for the program and that there will be some supply expenses.

Volunteers and court-ordered public service workers should supply enough manpower, Huddleston said.

"We're also finding as this program is developing that we're getting a lot of interest around the community from people in businesses to donate equipment and supplies to us, as well," he told the council. "So we think the expenses will be minimal, but we hadn't planned on requiring a fee for it."

Mayor Chuck Walton asked if there could be an unwritten policy that the program accepts donations from either private owners or businesses to replace paint supplies?

"Certainly, we could make that known," Huddleston said.