HomeMy WebLinkAboutORD 93-52 -3
ORDINANCE q —S
ENTITLED AN ORDINANCE TO AMEND CHAPTER 18 TO DEFINE
"GRAFFITI", DECLARE THE PLACING OF GRAFFITI ON PUBLICLY
OR PRIVATELY OWNED PROPERTY TO BE A CRIME; AND
REGULATING ITS REMOVAL; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
SECTION 1.
THAT Chapter 18 be and the same is hereby amended by adding Article V, Sections
18-25 through 18-28 inclusive to read as follows:
Sec. 18-25 Graffiti; Prohibited
It shall be unlawful for any person to write, paint or draw upon any wall, rock,bridge,
fence, gate, other structure, tree or other real or personal property either publicly or
privately owned, any drawing, inscription, figure or mark of the type commonly know
and referred to as graffiti without the permission of the owner or operator of such
property.
Sec. 18-26 Same - Violation; Penalty
(A) Every person who violates the provisions of Sec. 18-25 shall be guilty of a
misdemeanor and punished by a fine of not less than $1.00 nor more than $500.00.
(B) Upon second or subsequent conviction for a violation of this article the person shall
be fined not less than $100.00 nor more than $500.00.
(C) For purposes of this Section "conviction" includes a charge dismissed or disposed of
by deferred adjudication or similar probation.
Sec. 18-27 Entrance by Police For Investigation
Upon detecting the existence of graffiti upon private property,which graffiti is visible
from any area open to the public, a police officer may at any reasonable hour enter
upon the private property within his jurisdiction for the purpose of inspecting and
documenting the existence and nature of the graffiti and determining the ownership
of the premises upon which the graffiti is located.
Sec. 18-28 Removal of Graffiti
If the chief of police or his designated representative determines that the graffiti is
located on a publicly or privately owned structure on public or private property within
the city and is visible from any public place or public right-of-way then the chief of
police or his designated representative may provide for the removal of the graffiti at
city expense if:
A. The structure is owned by a public entity other than the city and removal of
the graffiti is authorized with the consent of the public entity having
jurisdiction over the structure; or
B. The structure is privately owned and the city obtains consent and waiver of
liability from the owner; or
C. The owner of the property cannot be found or will not respond to notification
by the City.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason be
held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9YA day of
1993.
- MAYOR -
- 2 -