§ 15-43. Graffiti.

(a)

Definitions. As used in this chapter, unless the context indicates otherwise, the following terms shall have the indicated meanings:

(1)

Felt tip marker means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth ( 1/8 ) inch, containing an ink that is not water soluble.

(2)

Graffiti means any unauthorized inscription, word, figure or design that is applied, adhered, marked, etched, scratched, drawn or painted on any surface of public or private buildings, structures or places.

(3)

Graffiti implement means an aerosol paint container, a felt tip marker, a paint stick, adhesive decal, or etching tool capable of scarring glass, metal, concrete or wood. Possession of a container with paint inside in conjunction with a paint brush or paint roller cover is also considered an implement.

(4)

Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and, upon application, leaving a mark at least one-eighth-inch in width visible from a distance of twenty (20) feet and not water soluble.

(b)

Unlawful activities.

(1)

It shall be unlawful for any person to, or endeavor to, write, paint, inscribe, scratch, scrawl, spray, place, adhere or draw graffiti of any type on any public or private building, structure, or any other real or personal property. This subsection shall not be construed to prohibit temporary, easily removable chalk or water soluble markings on public or private sidewalks, streets, or other paved surfaces which are used in connection with traditional children's activities, any lawful business, public purpose, or city sponsored event.

(2)

It shall be unlawful for any person to have in his or her possession for the purposes of defacing property, any graffiti implement while in any public park, school grounds, playground, swimming pool, public recreation facility, any public right-of-way, or other public grounds in the city or while on private property not open to the public without the owner's permission. In determining whether such intent exists, the enforcement officer may consider the following circumstances:

a.

The person takes flight upon appearance of an enforcement officer;

b.

The person refuses to identify himself or herself;

c.

The person manifestly endeavors to conceal a graffiti implement;

d.

Any other action the enforcement officer reasonably believes to be consistent with a person about to deface property;

(3)

The city police department is hereby authorized to enforce the provisions of this section. A person found guilty of violating subsection (1) or subsection (2) shall be subject to the fines and penalties set forth in F.S. §§ 775.082 and 775.083 for a misdemeanor of the second degree. In the case of a minor, the parents or legal guardians shall be jointly and severally liable with the minor for payment of any fines and in no event shall the violator be allowed to substitute community service hours for payment of the monetary fines.

(4)

In addition to any fine imposed, the court shall order the convicted violator to make restitution to the victim or city, as appropriate, for the damage or loss caused directly or indirectly by that offense in a reasonable amount to be determined by the court, but in no event, no less than the actual cost incurred to abate the graffiti and in no event shall the violator be allowed to substitute community service hours for monetary restitution. Where the convicted violator is a minor, the court may also order the parents or legal guardians to make such restitution.

(c)

Abatement.

(1)

It shall be unlawful for any person owning property, any person acting as manager or agent for the property owner, or for any person in possession or control of the property to fail to remove or effectively obscure graffiti upon any public or private building, structure, or any other real or personal property within ten (10) days of receipt of notice from the city to remove such graffiti. This notice may be given verbally or in writing by an enforcement officer. If the notice is given verbally, an information report shall be completed by the city, a case number assigned, and the report shall be filed with the records department of the police department.

(2)

If a person owning property, a person acting as manager or agent for the owner of the property, or a person in possession or control of the property fails to remove the graffiti in the time period contained in the preceding subsection, the city shall have the right to enter onto any private property or non-city owned property and remove or obscure the graffiti and assess the property owner for the costs of removal. The city shall have the right to assess the property owner for the expenses, or may sue in a court of competent jurisdiction to recover such expenses. For a first violation of this subsection a civil penalty of one hundred dollars ($100.00) shall be imposed. A second and subsequent violations of this subsection may be prosecuted in accordance with section 1-6 of the Code of Ordinances, or may be prosecuted by the city code inspectors, at the option of the city.

(Ord. No. 2002-35, § 1, 11-19-02; Ord. No. 2003-43, § 1, 11-18-03)