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96-020 ORD PROVIDED CODE OF ORDINANCES BE AMDNED BY ADDING AN ARTICLE IV TO CHAPTER 21 OF SAID CODE ORDINANCE NO. 96-020 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING AN ARTICLE IV TO CHAPTER 21 OF SAID CODE; DEFINING TERMS; REQUIRING A PROPERTY OWNER TO REMOVE FROM THE PROPERTY ALL GRAFFITI THAT IS VISIBLE TO THE PUBLIC; PROVIDING FOR A NOTICE TO REMOVE GRAFFITI BEFORE A CITATION WILL BE ISSLTED; CREATING EXCEPTIONS AND DEFENSES; REQUIRING NOTICE TO GOVERNMENTAL ENTITIES ON WHOSE PROPERTY GRAFFITI EXISTS: PROVIDING FOR THE DEVELOPMENT OF COMMUNITY SERVICE PROGRAMS TO ASSI5T IN THE REMOVAL OF GRAFFITI FROM PUBLIC AND PRIVATE PROPERTY; HOLDING A PARENT OR GUARDIAN OF A MINOR CRIMINALLY RESPONSIBLE FOR GRAFFITI CREATED BY THE MINOR; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 1996. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Chapter 21 the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended by adding an Article IV thereto so that such shall read as follows: "ARTICLE IV. GRAFFITI "Sec.21.75. Definitions. "As used in this Article, the following words shall have the definitions ascribed to them by this Section: "Director means the director of the department designated by the City Manager to enforce and administer this Article or the Director's authorized representative. "Graffiti means any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character or figure that is made in any manner on tangible property. "Guardian means: "(a) a person who, under court order, is the guardian of the person of a minor, or "(b) a public or private agency with whom a minor has been placed by a court. "Minor means any person under 17 years of age. "Owner means any person with the legal right of possession to tangible property. "Parent means a person who is a natural parent, adoptive parent, or step-parent of another person. "Sec. 21.76. Duty of property owner to remove grafriti. "(a) An owner of any tangible property in the City commits any offense if he fails to remove all graffiti from the property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists, unless the graffiti was created on the property with the owner's consent and does not violate the sign regulations of the City of Paris or any other applicable Ciry ordinance or state or federal law. "(b) Before issuing a citation for a violation under Subsection (a) of this Section, the Director shall serve the property owner with written notice to remove the graffiti from the property within twenty-one (21) calendar days from the date the notice is served. The notice may be served by handing it to the owner in person or by United States certified mail, five-day return receipt requested, addressed to the owner at the owner's post office address as shown on the tax rolls of the City or of the county in which the premises is located. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified by: "(1) publication two times within 10 consecutive days in the official newspaper adopted by the City Council; "(2) posting the notice on or near the front door of each building on the premises to which the violation relates; or "(3) posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates, if the premises contains no buildings. "(c) The twenty-one (21) calendar days will be counted: "(1) from the date the notice is personally served on the owner or from the sixth (6th) day after the notice is placed in the United States certified mail; or °(2) if the owner cannot be found or the notice is returned by the United States Postal Service, from the date the notice is: "(A) published for the second time in accordance with Subsection (b)(1) of this Section; or "(B) posted in accordance with Subsection (b)(2) or (3) of this Section. "(d) It is a defense to prosecution under Subsection (a) of this Section that: "(1) no notice was served on the property owner in compliance with Subsection (b); "(2) before being issued a citation under this Section, the property owner gave the Director written authorization to allow persons to enter onto the property and remove the graffiti pursuant to a volunteer or community service program approved by the Director in which the property owner is eligible to participate. "Sec. 21-77. Responsibility of parent or guardian for grafriti created by a minor. "A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to create graffiti on tangible property in the City without the property owner's consent. " Section 2. That the person charged with enforcing this ordinance shall notify the City of Paris and any other governmental entity whenever property under his control contains graffiti in violation of this ordinance. The City of Paris shall remove graffiti from its property within twenty-one (21) days after being notified of the graffiti. Section 3. That, within ten (10) days after this ordinance takes effect, the City Manager shall begin negotiations to enter into an interlocal agreement with the Lamar County Juvenile Court Judges to develop a community service program that permits juvenile offenders to paint over graffiti identified by the City of Paris as being a violation of this ordinance. The City manager shall report to the City Council on the status of the interlocal agreement within 30 days after the effective date of this ordinance. No enforcement of this ordinance may be taken until an interlocal agreement has been finalized that would make a juvenile offender program described in this section available to property owners vandalized by graffiti. Section 4. That all nonprofit organizations of the City are encouraged to develop community service and volunteer programs to assist in the removal of graffiti from public and private property in the City, including, but not limited to, the development of graffiti removal work units using youth volunteers. Section 5. That City programs and other community service and volunteer programs should be used to assist property owners, in hardship cases, in the removal of graffiti from their property. Section 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any section, paragraph, sentence clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase. Section 7. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00, and each and every day's continuance of any violation of the above enumerated sections shall constitute and be deemed a separate offense. Section 8. All ordinances or parts of ordinances in conflict herewith are expressly repealed. Section 9. This ordinance shall become effective on May 1, 1996. PASSED AND ADOPTED this 8th day of April, 199 ~ - Eric S. Cliffo , Mayor ATTEST: ~ Nlattie Cunningham, City Clerk APPROVED S O FORM: T. K. ayne ity Attorney