HomeMy WebLinkAbout1999 Ordinance No. 043,.
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ORDINANCE No .__il_
SERIES OF~ /qq°}
BY AUTHORITY
COUNCIL BILL NO . 24
INTROD U CED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 7 , CHAPTERS 6E AND 6F AND TITLE 15 , OF
THE ENGLEWOOD MUNICIPAL CODE 1985 , BY REPEALING AND ADDING NEW
SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI MATERIALS
AS WELL AS PARENTAL RESPONSIBILITY.
WHEREAS , graffiti is a blight to properties ; and
WHEREAS, graffiti can contain gang related terms; and
WHEREAS , graffiti is not only inconvenient but also causes property damage to the
citizens of Englewood; and
WHEREAS , the Englewood Code Enforcement Advisory Committee distinguishes
items that may make marks on public property, such as , chalk or wax or other items ;
and
WHEREAS , the Englewood Code Enforcement Advisory Committee has
recommended and Council feels it is appropriate to address graffiti that damages
property and does harm to the citizens of Englewood ; and
WHEREAS , the Committee has recommended and Council feels that law
enforcement efforts should be addressed toward issues that are more harmful and
wishes to remove enforcement against items which are inconvenient but do not cause
property damage such as chalk or wax; and
WHEREAS , use of chalk and other similar items on public property is no longer a
prohibited activity; and
WHEREAS , the Committee and Council wish to aid police offic ers in preventing
graffiti by addressing use and possession of specific graffiti materials; and
WHEREAS , it is found that most graffiti violations are committed by minors ; and
WHEREAS, possession would be prohibited when there is an "intent" of using the
materials for the application of graffiti; and
WHEREAS , parental permission, school projects, and other lawful endeavors will
allow minors to have possession of graffiti materials ; and
WHEREAS , the Committee and Council note that theft of specific graffiti materials
is harmful to not only the business owner where the theft occurred but also other
businesses and homes where graffiti is applied ; and
WHEREAS, for the protection of all the citizens of Englewood, including the
business owners, sales of specific graffiti materials to minors will be prohibited; and
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WHEREAS , the Committee and Council recognize the current 24-hour removal
requirement from business and homeowners ' property is onerous ; and
WHEREAS , the Council and Committee wish to use the current abatement process
and system to enforce the removal of graffiti; and
WHEREAS , the Code Enforcement Advisory Committee met with representatives
from the retail community and this Ordinance reflects those concerns; and
WHEREAS , the proposed language is based upon representations from the retail
community that they will provide materials and education for retailers in the City of
Englewood; and
WHEREAS , the Englewood Code Enforcement Advisory Committee and the
Englewood City Council believe these amendments will aid in graffiti enforcement;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the amendment of Title 7, Chapter 6F, by the addition of a new Section 11, of the
Englewood Municipal Code 1985 , entitled "Graffiti Definitions," which shall read as
follows:
7-6F-11: GRAFFITI DEFINITIONS:
FOR THE PURPOSES OF THIS TITLE , THE FOLLOWING WORDS SHALL
HA VE THE MEANINGS RESPECTNELY ASCRIBED TO THEM, EXCEPT WHERE
THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING:
AEROSOL PAINT CONTAINER:
BROAD-TIPPED MARKER:
ETCHING EQUIPMENT:
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ANY AEROSOL CONTAINER THAT
IS ADAPTED OR MADE FOR THE
PURPOSE OF APPLYING SPRAY
PAINT OR OTHER SUBSTANCES
CAPABLE OF DEFACING
PROPERTY.
ANY FELT TIP INDELIBLE MARKER
OR SIMILAR IMPLEMENT WITH A
FLAT OR ANGLED WRITING
SURFACE THAT, AT ITS BROADEST
WIDTH , IS GREATER THAN ONE-
FOURTH (1f4TH) OF AN INCH,
CONTAINING INK OR OTHER
PIGMENTED LIQUID THAT IS NOT
WATER SOLUBLE.
ANY TOOL, DEVICE , OR SUBSTANCE
THAT CAN BE USED TO MAKE
PERMANENT MARKS ON ANY
NATURAL OR MAN-MADE SURFACE.
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GRAFFITI :
PAINT STICK OR GRAFFITI STICK:
PERSON:
THE DEFACING OF PUBLIC OR
PRIVATE PROPERTY BY MEANS OF
INSCRIPTION, WORD , OR FIGURE ,
DONE BY PAINTING, DRAWING ,
WRITING, ETCHING, OR CARVING
WITH PAINT , SPRAY PAINT, INK,
KNIFE , ETCHING EQUIPMENT OR
ANY SIMILAR METHOD WITHOUT
WRITTEN PERMISSION OF THE
OWNER/PROPERTY OWNER.
ANY DEVICE CO NTAINING A SOLID
FORM OF PAINT, EPOXY, OR OTHER
SIMILAR SUBSTANCE CAP ABLE OF
BEING APPLIED TO A SURF ACE BY
PRESSURE AND LEAVING AN
INDELIBLE MARK OF AT LEAST
ONE-EIGHT (1/8TH) OF AN INCH IN
WIDTH.
ANY INDIVIDUAL, PARTNERSHIP ,
COOPERATIVE ASSOCIATION,
PRIVATE CORPORATION,
PERSONAL REPRESENTATIVE,
RECEIVER, TRUSTEE , ASSIGNEE, OR
ANY OTHER LEGAL ENTITY .
Section 2 . The City Council of the City of Englewood, Colorado hereby authorizes
the amendment of Title 7 , Chapter 6F, by amending and renumbering Section 11, of
the Englewood Municipal Code 1985, entitled "Graffiti Prohibited," which shall read
as follows:
7 SF 11: GRAFFITI PROHIBITED: It shall be unlawful fey any pcPson to paint,
spPay paint, draw , wPitc , etch, car:c OP by any similaP method whatsoever deface any
public OP pPivatc p¥opc¥ty , , except with Vt'Pittcn permission of the ovmcr of pfr1atc
propePty, the City Manage¥, in the ease of City pPopnty, OP the supervisoPy office¥ of
any otheP public p¥opc¥ty .
7-6F-12: GRAFFITI PROHIBITED: IT SHALL BE UNLAWFUL TO DEFACE
PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION, WORD, OR
FIGURE , DONE BY PAINTING, DRAWING, WRITING, ETCHING, OR CARVING
WITH PAINT, SPRAY PAINT, INK, KNIFE, ETCHING EQUIPMENT OR ANY
SIMILAR METHOD WITHOUT THE PERMISSION OF THE PROPERTY OWNER.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes
the amendment of Title 7 , Chapter 6E , by the addition of a new Section 9 , of the
Englewood Municipal Code 1985 , entitled "Possession of Graffiti Materials by
Minors Prohibited," which shall read as follows:
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7-6E-9: POSSESSION OF GRAFFITI MATERIALS BY MINORS
PROHIBITED:
IT SHALL BE U NLAWF UL FOR A PERSON UNDER EIGHTEEN (18) YEARS
OF AGE TO POSSESS AN AEROSOL PAINT CONTAINER , BROAD TIPPED
MARKER , PAINT STICK OR GRAFFITI STICK WITH THE INTENT TO USE
THE IMPLEMENT OR MATERIAL TO APPLY GRAFFITI.
S ection 4 . The City Council of the Ci t y of Englewood, Colorado hereby authorizes
the amendment of Title 7, Chapter 6E , by the addition of a new Section 10 , of the
Englewood Municipal Code 1985 , entitle d "Prohibited Sale of Graffiti Materials To
Minors," which shall read as follows :
7-6E-10: PROHIBITED SALE OF GRAFFITI MATERIALS TO MINORS:
A. SALE . IT SHALL BE UNLAWFUL TO SELL ANY AEROSOL PAINT
CONTAINER , BROAD-TIPPED MARKER, PAINT STICK OR GRAFFITI
STICK TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS .
B. SIGNS REQUIRED. IT IS U NLAWF U L FOR ANY PERSON WHO SELLS
OR OFFERS TO SELL ANY AEROSOL PAINT CONTAINER, BROAD -
TIPPED MARKER , PAINT STICK OR GRAFFITI STICK TO FAIL TO
DISPLAY A WARNING SIGN IN A PROMINENT PLACE IN THE
BUILDING AT ALL TIMES.
C. DISPLAY AND STORAGE:
1. EVERY PERSON WHO OWNS, CONDUCTS , OPERATES , OR
MANAGES A RETAIL COMMERCIAL ESTABLISHMENT SELLING
AEROSOL PAINT CONTAINERS, PAINT STICKS, OR BROAD-
TIPPED MARKERS SHALL STORE THE CONTAINERS , STICKS
OR MARKERS IN AN AREA 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-TIPPED MARKERS IN
AN AREA AS PROVIDED ABOVE, THE ESTABLISHMENT SHALL
STORE THE CONTAINERS , STICKS, AND MARKERS IN AN AREA
NOT ACCESSIBLE TO THE PUBLIC IN THE REGULAR COURSE
OF BUSINESS WITHOUT EMPLOYEE ASSISTANCE.
Section 5. The City Council of the City of Englewood, Colorado hereby authorizes
the amendment of Title 7, Chapter 6F, by the addition of a new Section 13 , of the
Englewood Municipal Code 1985 , entitled "Parental Responsibility For Graffiti
Offenses ," which shall read as follows:
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7-6F-13: PARENTAL RESPONSIBILITY FOR GRAFFITI OFFENSES:
A PARENT OR GUARDIAN OF A MINOR COMMITS AN OFFENSE IF HE OR SHE
KNOWINGLY PERMITS THE MINOR TO APPLY GRAFFITI.
S ection 6 . The City Council of the City of Englewood hereby repeals Title 7,
Chapter 6F , Section 12. The City wishes to abate graffiti under the standard
abatement procedure of Title 15 and therefore authorizes the addition of a new Section
15 , DEFACED PROPERTY, to Title 15 of the Englewood Municipal Code which shall
read as follows :
7 6F 12: DEFL'.rCED PROPERTY:
A DcclaPation of Public Nuisance. All pPopcPty defaced by gpaffiti or gang gpaffiti
that is visible to public view is hereby declared to be a public nuisance and in the
intc1·cst of public health, safety, moPals and general v+·clfarc , shall be abated as set
forth in this Section.
B. Abatement of Qpaffiti OP Gang Qpaffiti. \VhcncvcP any gpaffiti OP gang graffiti
shall be found , the City ManagcP OP his dcsigncc shall oPdcP the occupant OP owner of
the p1·opcPty upon vthich the gi·affiti OP gang gpaffiti shall exist, at his own expense , to
Pcmovc or correct the same within hvcnty foUP (24) hom·s OP such pcPiod in excess of
twenty fom· (2 4) hoUPs as designated in WPiting by the City ManagcP or his dcsigncc ,
the City Manager OP his dcsigncc may cause the graffiti OP gang gpaffiti to be Pcmovcd
or concctcd and all expenses incUPPcd shall be assessed upon such a lot or pPcmiscs on
which the gpaffiti OP gang gpaffiti cJcistcd.
15-15-1: DEFACED PROPERTY;
ALL PROPERTY DEFACED BY GRAFFITI WHICH IS VISIBLE TO PUBLIC VIEW
IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE DEEMED
UNLAWFUL .
Section 7 . Pcnaltv Provision. The Penalty Provisions of E.M.C. Section 1-4-1 shall
apply to each and every violation of this Ordinance.
Section 8. Restitution: Mandatory restitution shall be required under
Section 1·4-7 of the Englewood Municipal Code.
Section 9. Safetv Clauses . The City Council, hereby finds , determines , and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper l egislative
object sought to be obtained.
Section 10. Severability. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect impair or invalidate the remainder of this Ordinance or its application to
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other persons or circumstances.
S ec tion 11 . Inconsiste nt Ordina nc es. All other Ordinances or portions thereof
incons istent or conflicting with this Ordinance or any portion hereof are here by
repealed to the extent of such inconsistency or conflic t.
S ection 12 . Effec t of r e peal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguis h , alter, modify, or change in whole or in part any penalty, forfeiture , or
liability , either civil or criminal, which shall have been incurred under such provision,
and e ach provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits , proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Introduced, removed from the table, discussed, read in full , and passed on first
reading on the 7th day of June , 1999 .
Published as a Bill for an Ordinance on the 11th day of June , 1999.
A Public Hearing was held July 19, 1999.
Read by title and passed on final reading on the 2nd day of August, 1999.
Published by title as Ordinance No. ~, Series of 1999, on the 6 th day of August,
1999 .
I, Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No.13._, Series of 1999.
Loucrishia A . Ellis
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