ORD 1015 05/22/2012 . OF Ci
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ORDINANCE NO: 1015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 46
(NUISIANCES)AND ADDING ARTICLE V(GRAFFITI) PROVIDING FOR THE
ABATEMENT OF GRAFFITI AND PROVIDING FOR THE PROHIBITION OF THE
POSSESSION OF GRAFFITI IMPLEMENTS; PROVIDING FOR A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION
WHEREAS, the City of Cibolo, Texas, (herein the "City"), being a home-rule city
having authority to utilize police power regulation for the health, safety and general welfare of
the citizens of the City; and
WHEREAS, the City Council finds and determines that graffiti is an impure and
unwholesome matter and its existence is detrimental to the safety and welfare of the public; tends
to reduce the value of private property; invites vandalism, additional graffiti, and other criminal
activities; and, produces urban blight which is adverse to the maintenance and continuing
development of the City; and
WHEREAS, the City Council finds that unless the City acts to cause the removal of
graffiti from property the graffiti tends to remain, causing other properties and entire
neighborhoods to be affected and become less desirable places in which to be, all to the
detriment of the City and the public welfare; and
WHEREAS, the City shall, through the adoption of this Ordinance, provide additional
enforcement tools to protect public and private property from additional acts of graffiti,
vandalism and other criminal activities; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the
Texas Local Government Code, and the City Charter provide the City authority to adopt
ordinances for the good government,peace, order, and welfare of the municipality; and
WHEREAS, the Texas Local Government Code Section 250.006 provides specifically
that a municipality may adopt a local ordinance to provide for the abatement of graffiti; and
WHEREAS, the City Council desires to amend Chapter 46 (Nuisances) of the Code of •
Ordinances, City of Cibolo, Texas by adding Article V(Graffiti).
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
Section 1.That Chapter 46 of the Code of Ordinances is amended by adding a new Article V to
read as follows:
Article V. GRAFFITI
Sec.46-100.-Definitions.
For purposes of this article the following definitions shall apply:
Authorization means with the specific consent, written or oral, of the property owner or with
other authority of law, regulation, or ordinance.
Felt tip marker means an indelible marker or similar implement with any size tip.
Graffiti means any unauthorized inscription,word, letter, figure, symbol, or design that is
marked, etched, scratched, drawn, or painted on any exterior structure surface visible from a
public place,public right-of-way, or private buildings, structures, or other facilities or upon any
other property, regardless of its content or nature and regardless of the nature of the material of
the structural component or property.
Graffiti implement means any aerosol paint container,paint ball gun, felt tip marker, or paint
stick or engraving or etching tool capable of scarring or otherwise defacing glass,metal,
concrete, stucco, vinyl, wood or any other surface attached to or covering a structure or building.
Guardian means any person to whom custody of a minor has been given by a court order.
Paint stick or graffiti stick means any device containing a solid form of paint, wax epoxy, or
other similar substances capable of being applied to a surface by pressure, and upon application,
leaving a visible mark.
Parent means a person who is the natural or adoptive parent of a person. As used herein,
"parent" shall also include a court appointed guardian or other person 18 years of age or older,
authorized by the parent,by a court order, or by court appointed guardian to have the care and
custody of a person.
Property owner includes,but is not limited to, any legal or equitable owner, and any person
having a possessor's right to land or a building or the person lawfully occupying it, any part
owner,joint owner, tenant in common, tenant in partnership,joint tenant or tenant by the
entirety, or any person, individual, corporation, association, or partnership in apparent or actual
control of such property or any agent or employee of any of the foregoing.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Sec.46-101.- Causing graffiti on property unlawful.
It is a violation of the Texas Penal Code and shall be unlawful for any person to knowingly place
or cause to be placed any graffiti upon any surface of public or private buildings, structures or
other facilities or upon any natural features of public or private property. Penalty is as provided
in the Penal Code § 28.08.
Sec. 46-102.–Possession of Graffiti implements—Offense.
(a) It shall be unlawful for any person to have in his or her possession any graffiti
implement in any public park,public or private school ground,public playground,public
swimming pool,public recreational facility, any public right-of-way, or other public
grounds in the city when any of the above premises are closed to the public.
(b) It shall be unlawful for any person to have in his or her possession, for the purpose of
defacing property, any graffiti implement. The graffiti implement shall be presumed to be
for the purpose of defacing property if it is in the holder's possession while the holder is
on private property closed to the public,without permission from the property owner or a
legal agent of the property owner.
(c) It shall be an offense for the parent or legal guardian of a minor under 17 years of age to
intentionally, knowingly,recklessly, or with criminal negligence allow such child to
violate the provisions of this article.
(d) It shall be an affirmative defense to prosecution if the person uses any graffiti implement
in his or her employment or in connection with a school, civic or religious activity or has
written permission from the property owner or legal agent of the property owner of the
premises to engage in an authorized activity utilizing the implements.
Sec.46-103. -Notices and city offer to remove graffiti.
(a) Whenever a police officer or other city employee who is charged with the enforcement of
this ordinance has probable cause to believe graffiti has been placed upon any property
subject to this article, the police officer or other employee shall cause the property owner
to be notified in writing of(i) the presence of the nuisance and(ii) the city's offer to
remove the graffiti from the owner's property free of charge. The property owner shall
have(10)ten calendar days from the date of receipt of the city's notice under this
subsection to either accept or refuse the city's offer to remove the graffiti. If the property
owner does not send a written response to the city within that ten calendar days, the city's
offer shall be deemed refused. The city may use its sole discretion regarding the manner
by which it removes graffiti pursuant to this subsection.
(b) If the property owner either(i)refuses the city's offer to remove the graffiti as provided
under section 46-102 (a) or(ii) fails to respond to the city's offer to remove the graffiti as
provided under section 46-102 (a) within(10)ten calendar days,the city shall send the
200 South Main Street,P 0.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
property owner a notice that the property owner is required to remove the graffiti from
the owner's property on or before the 15th day after the date the property owner receives
notice under this subsection. This subsection shall not apply to a property owner if the
graffiti is located on transportation infrastructure and the removal of graffiti would create
a hazard for the person performing the removal.
(c) The notice provided under section 46-103 (b)must be given in accordance with of the
Local Government Code § 250.006, as amended.
Sec.46-104-Penalties.
(a) Violation of any of the provisions of this article shall be a misdemeanor offense and shall
be punished by a fine of not more than$500.00 per occurrence.
(b) The court shall have the discretion to provide other means of punishment for violation of
any provision of this article,which may include community service. In setting penalties
due hereunder, consideration will be given to the costs incurred by the property owner to
remove the graffiti,the amount and visual prominence of the graffiti, and past history of
the offender. In all cases,requiring removal of graffiti at the offender's expense shall be
considered by the court.
Sec.46-105.-Abatement by city; payment of costs by owner; imposition of lien
(a) If a property owner fails to abate or cause the abatement of graffiti from his or her
property after receiving written notice, as provided in section 46-103 (b) of this article, of
such nuisance and after being given(15) fifteen calendar days to effect the abatement, the
Chief of Police or other city department head designated by the city manager may order
abatement of the graffiti and charge the expenses of removal and an administrative fee to
the property owner in accordance with a fee schedule adopted from time to time by the
city. This remedy shall be in addition to any other remedy available. The city may use its
sole discretion regarding the manner by which it removes graffiti pursuant to this
subsection.
(b) Persons authorized by the Chief of Police or other persons designated by the city manager
to abate the graffiti nuisance may enter onto private property to examine such nuisance,
to obtain information to identify such nuisance, and to remove or direct the removal of
such nuisance.
(c) Whenever the city shall abate a graffiti nuisance as provided by this section, the Police
Chief or other persons designated by the city manager shall have the option of using city
employees/volunteers and materials or selecting a private contractor to abate the
nuisance.
(d) The city shall assess to the property owner a charge for the actual cost, including labor
and materials, for all work done to abate the graffiti nuisance pursuant to this section 46-
200 South Main Street,P 0.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
105,plus an administrative expense as set forth in the fee schedule and shall cause the
expense thereof to be assessed on the property upon which such expense is incurred. All
revenue collected shall be deposited in a separate account in the city dedicated to graffiti
abatement.
(e) A statement of the costs incurred by the city to abate the graffiti nuisance pursuant to this
section shall be mailed to the property owner, if the property owner and mailing address
are known, and, if not known,may be published in a newspaper of general circulation in
the city. The statement shall demand payment within(30)thirty days after the date of
receipt or publication of such notice.
(f) If such statement has not been paid within such period, the city manager or other persons
designated by the city manager may file a statement of expenses incurred with the county
clerk of the county in which the property is located stating(i)the property owner's name,
if known, (ii) the legal description of the lot or parcel, and(iii)the amount of expenses
incurred. The statement of expenses or a certified copy of the statement shall be prima
facie proof of the expenses incurred. Such statement shall be, and the city shall have, a
lien for expenditures made and interest accruing at the rate of ten percent per annum on
the amount due from the date incurred by the city. To the extent permitted by law, such
liens shall be inferior only to tax liens and liens for street improvements. To the extent
permitted by law,the city may foreclose such liens in a proceeding brought in accordance
with applicable law. The remedy allowed in this subsection shall not be the city's sole
remedy.
Sec. 46-106.- Future actions.
(a) The city agrees that it may consider future measures aimed at remedying the graffiti
problem,including the following:
(1) Coordination of volunteer organizations which assist in graffiti removal;
(2) Preparation of a directory of contractors who remove graffiti for a fee;
(3) Publication of information on where and how to obtain free paint,tools, and
materials for graffiti removal;
(4) Provision of information on probationer restitution services available to
community-based organizations for graffiti removal;
(5) Provision of information about graffiti abatement programs;
(6) Establishment of a paint bank within the city's department of public works from
which community-based groups or individuals may obtain paint and materials for
the purpose of removing graffiti;
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(7) Encouragement of local businesses and other potential donors to contribute
resources to the paint bank; and
(8) Establishment of a reward program for information concerning graffiti vandals.
These programs will be considered in the future as budgetary decisions are made,
but the final decision shall be made after weighing the various competing needs
for public funding.
(b) The city shall make reasonable efforts and use reasonable available resources to promptly
remove graffiti from city-owned property. The city will also consider use of lighting and
shrubbery to discourage placement of graffiti on its buildings and structures. Similarly,
business owners and homeowners exempted from the provisions of this article will be
encouraged to use reasonable measures to prevent graffiti on their properties and to
remove graffiti from their properties as soon as possible.
(c) A property owner who demonstrates to the police department or other city employee
designated by the city manager that his or her structure has been subjected to graffiti may
be provided sufficient paint material,if available, to cover the graffiti on the property.
The materials will typically be from donated sources or bulk purchases, and the paint
may not match the existing background surface color. The property owner shall have (15)
fifteen calendar days following receipt of the materials to abate the graffiti.
Section 2.That the provisions of this ordinance are severable and the invalidity of any part of
this ordinance will not affect the validity of the remainder of the ordinance.
Section 3.This Ordinance shall become effective and shall be in full force and effect after
passage and adoption by the City Council of the City of Cibolo,Texas, and publication hereof as
prescribed by law and the City Charter.
PASSED AND APPROVED THIS 22nd DAY OF MAY 2012.
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ATTEST:
Peggy Cimics, City Secretary
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Approved as to Form:
City Atto .,y's Office
200 South Main Street,P 0.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687