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AN ORDINANCE TO PROTECT THE PUBLIC FROM ACTS OF VANDALISM AND DEFACEMENT; ESPECIALLY, BUT NOT LIMITED TO, GRAFFITI ON PRIVATELY AND PUBLICLY OWNED PROPERTIES.
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WHEREAS, Acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls and other property are inimical and destructive to the rights of private property owners as well as the total community.
WHEREAS, there is a need to serve notice upon all of those who disregard the property rights of others, that the enforcement agencies of the city, both the police department and the city codes department, will strictly enforce the law and pursue prosecution against those persons engaging in the defacement of public and private properties.
WHEREAS, "graffiti" means any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any structural component of any building, structure, or other permanent facility regardless of the nature of the material of that structural component, or the nature of the inscription, to the extent that the same was not authorized in advance by the owner, or, is otherwise deemed to be a public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS: It shall be unlawful for any person to apply graffiti on any public or privately owned structure located on public or privately owned real property within the city. The existence of graffiti within the city limits of the City of Jonesboro is hereby declared to be a public and private nuisance, and may be abated according to the provisions and procedures contained herein pursuant to state law.
Section 1: Right of city to require removal by property owner. It shall be unlawful for any person, firm or corporation who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance or property ("responsible party") to permit property which is defaced with graffiti to remain so defaced for a period of seven (7) days after notice by the Jonesboro Police Code Enforcement Office that the property is defaced with graffiti.
Section 2: Right of city to use public funds to remove.
a. Right of entry on private property. If after proper notice a responsible party fails to remove graffiti within the time specified in this article, the city shall have the right to enter upon any property for the limited purpose of removing graffiti that is within the public view.
b. Use of public funds. Whenever graffiti located on public or privately owned property is viewable from a public place within the city, Jonesboro Police Code Enforcement Office may direct the use of public funds for the removal of same, or for the painting or repairing of same, provided that the Jonesboro Police Code Enforcement Office shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located. If the Jonesboro Police Code Enforcement determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community and the responsible party deposits monies to pay for the costs of repainting or repairing, a more extensive area may be repainted or repaired.
c. Lien against the property. Expenses incurred by the city under this
section shall be charged to the owner of the premises involved and shall be collected by billing the owner and filing a lien on the property if expenses go unpaid by the owner of said property.
Section 3: Penalties-Any person convicted of a violation of any of the provisions of this chapter shall be required to pay the actual costs of graffiti removal, or five hundred dollars ($500.00) whichever is greater.
Section 4: Enforcement of these types of vandalism and defacement shall fall under the authority of the Jonesboro Police Department’s Code Enforcement Division.
Section 5: Emergency Clause. The ability to expeditiously remove graffiti, especially gang-related graffiti, is essential to protection of the public health, safety and welfare. An emergency is therefore declared to exist and this article shall be in full force and effect from and after the date of its adoption.