§ 11-1-25 Graffiti prevention, prohibition and removal.
(A) Purpose and intent. The purpose of this section is to provide a program for abatement of graffiti from public and private property to provide for the health, safety and welfare of the City of Goodyear, Arizona, by expediting the removal of graffiti from structures on both public and private property. The City finds and determines as follows:
(1) Graffiti contributes to blight and neighborhood deterioration, provides a communication system for gangs and other vandals, damages property and constitutes a public nuisance and a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the City, and to prevent the further spread of graffiti.
(2) Certain categories of graffiti which incite violence are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community.
(B) Definitions. For the purposes of this section, the following words and terms shall have the meanings ascribed to them:
ABATE. The removal, painting over or other obscuring of graffiti.
AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.
BROAD TIP MARKER. Any marker or similar implement which has a writing surface which is one-half of an inch or greater, or any similar implement containing an ink or other pigmented substance that is not water soluble.
CITY. The City of Goodyear and its employees and any private contractor authorized by the City to act on behalf of the City to abate graffiti.
ETCHING EQUIPMENT. Any tool, device or substance that can be used to make permanent marks on natural or manmade surface.
GRAFFITI. Any inscription, etching, scratching, word, figure, painting, design or otherwise placing of a mark, symbol, figure, inscription, word, design, drawing, or name upon public or private real or personal property visible when viewed from a public right-of-way which is not authorized by the City Code or City Manager.
GRAFFITI IMPLEMENT. (1) Aerosol paint container, (2) broad tip marker, (3) paint stick, (4) graffiti stick, (5) bleeder, (6) gum label, or (7) any other item intended for, designed or used for graffiti purposes.
GUM LABEL. Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.
IMMEDIATELY ADJACENT. Within 10 feet of the property.
OWNER. An owner, occupant, manager, licensee, tenant, renter and/or any person, entity or entities having the right to possess or control property or who is responsible for property.
PAINT STICK, GRAFFITI STICK or BLEEDER. Any device containing paint, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark of at least one-eighth of an inch in width.
PERSON. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
PROPERTY. Any real or personal property, including but not limited to any premises, house, building, wall, fence, tree, structure, sidewalk, curb or any separate part thereof whether permanent or not.
(C) Prohibited acts.
(1) It shall be unlawful for any person to plan to apply or apply graffiti of any type on any public real or personal property without the consent of the City Manager or on private real or personal property without the express consent of the owner.
(2) It shall be unlawful for any person to solicit or command another person to apply graffiti.
(3) It shall be unlawful for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti.
(4) It shall be unlawful for any owner to permit or allow any graffiti to remain on property if the graffiti can be viewed from a public right-of-way.
(5) It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while in, on, or upon any school property, which includes school grounds, facilities, buildings, or structures; on public property immediately adjacent to school property; or on private property immediately adjacent to school property.
(6) It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while in, on or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the City or any other governmental entity.
(7) It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while in or within 50 feet of an underpass, bridge abutment, storm drain, or other public infrastructure that has a surface to which graffiti can be applied.
(8) It shall be unlawful for any person to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad tip marker, or paint stick to any person under the age of 18 years.
(9) It shall be unlawful for any person who interferes, prevents, or attempts to interfere or prevent an individual employed or contracted for by the City from investigating an alleged violation of this chapter, or from correcting or abating a violation of this chapter.
(D) Defenses.
(1) It is a defense to a prosecution or violation of subsections (C)(1), (2), and (3) of this section if the graffiti was authorized by the City Manager on public property or by the property owner of private property. The property owner may not consent to an act of graffiti on their property if the location of the graffiti would be a violation of this chapter.
(2) It is a defense to a prosecution or violation of subsection (C)(5) of this section if the graffiti implement was in the minor’s possession while attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of the specific graffiti implement for a proper school-related purpose.
(3) It is a defense to a prosecution or violation of subsection (C)(6) of this section if possession of the graffiti implement was authorized by the City Manager.
(4) It is a defense to a prosecution or violation of subsection (C)(8) of this section if the transfer of graffiti implement(s) was from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose.
(5) It is a defense to a prosecution or violation of subsection (C)(8) of this section that the person, employee or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale. Acceptable evidence of majority shall include, but is not limited to, a driver’s license, state-issued identification or military identification.
(E) Display and storage.
(1) No person who owns, conducts, operates, or manages a retail commercial establishment where aerosol paint containers, paint sticks, or broad tip markers are sold, nor any person who sells or offers for sale aerosol paint containers or broad tip markers, shall store or display, or cause to be stored or displayed, such aerosol paint containers or broad tip markers in an area that is not continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.
(2) In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad tip markers in an area as provided in subsection (E)(1) of this section, the establishment shall store the aerosol paint containers, paint sticks, and broad tip markers in an area not accessible to the public in the regular course of business without employee assistance.
(F) Abatement and penalties.
(1) Abatement. Notwithstanding the procedures set forth in this section, if it is determined by the City that graffiti exists on property in violation of this section, the City shall, in writing, notify the owner of the property through the issuance of a civil code citation providing a maximum of seven days to abate the graffiti and appear in the Goodyear Municipal Court to respond as provided in Article 18-1.
(a) The civil code citation shall contain the following information:
1. Street address or legal description sufficient to identify the property;
2. General location and description of the graffiti on the property;
3. The requirement that the graffiti must be removed within seven days after receipt of the notice;
4. An approximate cost of abatement if abated by the City;
5. An advisement that failure to remove the graffiti within seven days, or schedule a hearing, will result in the City taking steps to abate the graffiti and bill the owner for the costs of abatement; and
6. That permitting graffiti on private property is a criminal violation subject to the applicable penalties as provided by law.
(b) Service of the civil code citation shall be as provided in Article 18-1. The civil code violation may be dismissed if the owner appears in court or submits, prior to the hearing date, proof that the graffiti has been abated by the owner.
(c) If the owner fails to abate the graffiti as required by the civil code citation or appear in the Goodyear Municipal Court on the date specified in the citation, the City may proceed to abate the graffiti and bill the owner for the costs of said abatement. In the event that the bill is not paid by the owner, a statement of the account shall be certified to the Finance Director who shall proceed with all actions necessary to collect the costs of abatement due (including the imposition of property liens), together with interest at the rate established by law.
(d) The owner may contact the City prior to the seven days and consent to the City abating the graffiti on the owner’s property. In such situations, the owner will be billed for the abatement and the case dismissed upon payment of the abatement fees or waiver.
(e) Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party. If the graffiti is not abated by the owner, or the owner refuses to provide consent, the City is authorized to commence abatement and cost recovery proceedings for the graffiti removal as set forth in this chapter. The City Police Department shall assist in the enforcement of this section.
(2) Penalties.
(a) Violation of subsections (C)(1) through (9) of this section is a class 1 misdemeanor. In addition to other penalties authorized by law, the court shall order restitution for damage or loss caused directly or indirectly by the defendant’s offense, to any person or entity including a political subdivision that has incurred expense to repair or abate such damage or loss, in an amount to be determined by the court.
(b) Violations of subsections (E)(1) and (2) of this section are civil offenses and are subject to a fine of not less than $500. (Ord. 07-1090, passed 10-9-07; Am. Ord. 09-1188, passed 6-22-2009)