ORDINANCE NO.___________

AN ORDINANCE TO AMEND SECTION 15.01 AND TO CREATE SECTIONS 7.24(12) AND 15.09 OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT REGARDING THE ABATEMENT OF GRAFFITI AND THE SALE OF SPRAY PAINT AND WIDE-TIPPED MARKERS 

            The City Council of the City of Beloit, Rock County, Wisconsin do ordain as follows: 

            Section 1.         Section 15.01 of the Code of General Ordinances of the City of Beloit, is hereby amended to include the following, in numerical order, in the list of Wisconsin Statutes adopted by reference: 

“Section Offense

 943.017 Graffiti prohibited.” 

            Section 2.         Section 7.24(12) of the Code of General Ordinances of the City of Beloit is hereby created to read as follows: 

“(12) GRAFFITI ABATEMENT. 

(a) REAL PROPERTY.

1. Definition of ‘Graffiti’.  When used in this subsection, the term ‘graffiti’ shall have the meaning prescribed by section 15.09 of the city ordinances.

2. Public Nuisance. The existence of graffiti on any real property within the city is expressly declared to be a public nuisance affecting public health, safety and welfare.

3. Graffiti Prohibited. No owner of any real property within the city shall allow any graffiti to remain upon any structure located on the owner’s property when the graffiti is visible from the street or from other public or private property.

4. Notification of Violation. Whenever the Division of Housing Services determines that graffiti on any building or structure within the city is visible from the street or from other public or private property, the Division of Housing Services shall issue an order to the owner of the property to abate the graffiti in a timely manner. Such order shall be issued in compliance with the requirements of sections 7.10 to 7.12 of this chapter.

5. Compliance. A property owner shall be deemed to have complied with an order to abate graffiti if it is obliterated by a primary paint and matching building paint or by such other means as shall obliterate the graffiti. If paint is used to obliterate graffiti, the paint shall be applied in the manner required by section 7.24(3)(b) of this code.

6. Failure to Comply. If the property owner fails to comply with the order to abate the graffiti, the Division of Housing Services may cause the graffiti to be abated either by city employees or by independent contractor. The city and the independent contractor are expressly authorized to enter upon the property and abate the graffiti upon exterior walls, fences, billboards and other structures abutting public streets, property or right of way. The city or private contractor will take all reasonable precautions to avoid causing damage to the property where the graffiti is abated. Any paint used to obliterate graffiti shall be as close as practicable to the background color or colors in the area where the graffiti is abated. The cost of abating the graffiti shall, pursuant to section 66.0627, Wis. Stats., shall be imposed as a special charge against the real property for the cost of the services provided. If the special charge is not paid within 30 days, the special charge shall be deemed delinquent. A delinquent special charge shall be a lien against the property as of the date of delinquency. The delinquent special charge shall be included in the current or next tax roll for collection and settlement under Chapter 74, Wis. Stats.

(b) SOLID WASTE CONTAINERS.

1. Each licensed solid waste hauler or applicant for solid waste hauler’s license shall submit a plan for ongoing and scheduled removal of graffiti from solid waste containers. The plan shall be attached to the application for a hauler’s permit issued pursuant to section 17.06(19) of the city ordinances. The plan shall include a fax number and the name of the administrator responsible for the applicant’s solid waste containers.

2. Each solid waste container shall be clearly marked noting the name and phone number of the company responsible for maintenance of the container.

3. Graffiti on solid waste containers shall be removed within 3 working days following notification by the Division of Housing Services or within 3 working days of the last time the container is emptied, irrespective of any plan submitted under paragraph (b).” 

            Section 3.         Section 15.09 of the Code of General Ordinances of the City of Beloit is hereby created to read as follows: 

“15.09 SALE OF SPRAY PAINT AND WIDE-TIPPED MARKERS TO MINORS PROHIBITED.

(1) DEFINITIONS.  In this subsection:

(a) ‘Graffiti’ means any inscription, work, figure or design marked, scratched, etched, drawn or painted with spray paint, liquid paint, ink, chalk, dye or other similar substances on buildings, fences, structures and similar places without the express permission of the owner or operator of the property.

(b) ‘Indelible’ means making marks that cannot be easily removed by washing or erasing.

(c) ‘Spray paint’ means any container, regardless of the material from which it is made, which is made or adapted for the purpose of spraying paint.

(d) ‘Wide-tipped marker’ means any indelible marker or similar implement with a tip which, at its broadest length, width, or diameter, is 1/4 inch or greater.

(2) PROHIBITED CONDUCT.

(a) Sale of Spray Paint and Wide-Tipped Markers to Minors. No person, firm or corporation, except a parent or legal guardian, employer, teacher or other person authorized to supervise minors, may sell or give away or in any way furnish spray paint or wide-tipped markers to any person under the age of 18.

(b) Possession of Spray Paint and Wide-Tipped Markers. No person under the age of 18 may possess spray paint or wide-tipped markers in a public or private place without the express permission of the owner or operator of the property.

(3) DISPLAY OF SPRAY PAINT AND WIDE-TIPPED MARKERS.  Every person who owns, conducts, operates or manages a retail commercial establishment selling spray paint or wide-tipped markers shall:

(a) Place a sign in clear view at or near the display of such products stating:  GRAFFITI IS AGAINST THE LAW. THE DEFACING OF PUBLIC OR PRIVATE PROPERTY IS PUNISHABLE BY A FINE OF UP TO $5,000 OR IMPRISONMENT FOR UP TO 90 DAYS.

(b) Place a sign in the direct view of persons responsible for accepting customer payment for spray paint, wide-tipped markers stating: SELLING SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER 18 YEARS OF AGE IS AGAINST THE LAW. VIOLATORS CAN BE FINED UP TO $500, PLUS COURT COSTS.

(c) Display such paint or markers in such a manner as to make them inaccessible to a customer present in the area allocated for customer use without assistance from an employee of that establishment.

(d) Display such items, if the person chooses not to comply with the display requirements set forth in par. (c), such that mirrors, cameras or personnel can readily observe customers during all times such establishment is open to the public.

(4) PENALTIES.

Any person convicted of violating any provision of this section shall be subject to a penalty as provided in section 25.04 of the Code of General Ordinances of the City of Beloit.” 

            Section 3.         This ordinance shall be in force and take effect upon passage and publication. 

Adopted this                 day of                                                     , 2002.

BELOIT CITY COUNCIL 

By:                                                                                                                                                                            

      William B. Watson, President

Attest:

Carol S. Alexander, CMC, City Clerk

PUBLISHED:                                     

EFFECTIVE DATE:                        

01-611100-5231-                         

mva\ordn\graffiti-ordn (5/29/02)02-1075