Ord. 1322 2007-04-23 Codified
ORDINANCE NO. 1322
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING
CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF
THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY
ADDlING ARTICLE VI, GRAFFITI ABATEMENT, DECLARING
GRAFFITI TO BE A PUBLIC NUISANCE; MAKING IT UNLAWFUL
FOR PROPERTY OWNERS TO FAIL TO REMOVE GRAFFITI FROM
THEIR RESPECTIVE PROPERTY; PROVIDING FOR A PENALTY;
PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE AND FOR PUBLICATION.
WHEREAS, the City of Pearland, Texas, (herein the "City"), being a home-rule city having
authority to utilize police power regulation for the health, safety and general welfare of the
citizens of the City; and
WHEREAS, the City Council finds and determines that graffiti is an impure and unwholesome
matter and its existence is detrimental to the safety and welfare of the public; tends to reduce the
value of private property; invites vandalism, additional graffiti, and other criminal activities; and,
produces urban blight which is adverse to the maintenance and continuing development of the
City; and
WHEREAS, the creation of graffiti is prohibited by state laws and such laws already allow for
the victims of such crimes to recover the costs for repairing the damaged property through the
criminal justice system in the form of restitution and through the civil courts by filing a private
cause of action,
WHEREAS, the City Council finds that unless the City acts to cause the removal of graffiti
from property the graffiti tends to remain, causing other properties and entire neighborhoods to
be affected and become less desirable places in which to be, all to the detriment of the City and
the public welfare; and
WHEREAS, the City shall, through the adoption of this Ordinance, provide additional
enforcement tools to protect public and private property from additional acts of graffiti,
vandalism and other criminal activities; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas
Local Government Code, and the City Charter provide the City authority to adopt ordinances for
the good government, peace, order, and welfare of the municipality; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
ORDINANCE NO. 1322
Section 1. That Chapter 20, OFFENSES AND MISCELLANEOUS PROVISIONS, of the
Code of Ordinances, City of Pearland, Texas is hereby amended by adding an Article VI,
GRAFFITI ABATEMENT, which said chapter reads as follows:
"Article VI. GRAFFITI ABATEMENT
Sec. 20-91. Finding and Intent.
The City Council hereby finds the following recitals to be true and correct and adopts them for all
purposes as findings of fact:
The creation of graffiti is a criminal act prohibited by state laws in the Penal Code. Although the
person who has had graffiti applied on his/her property may be the victim of a criminal act,
unless the City acts to cause the removal of graffiti, it tends to remain and causes other properties
and entire neighborhoods to be affected and become less desirable places in which to be, all to
the detriment of the City and the public welfare.
Graffiti is an impure and unwholesome matter and its existence is detrimental to the safety and
welfare of the public; tends to reduce the value of private property; invites vandalism, additional
graffiti, and other criminal activities: and, produces urban blight which is adverse to the
maintenance and continuing development of the City. Graffiti is a public nuisance and
destructive of the rights and values of property owners as well as the entire community.
It is the intent of this ordinance to serve the city's compelling interest to promote, protect and
improve the health, safety and welfare of the citizens of the City by providing an additional
enforcement tool to protect public and private property from additional acts of graffiti, vandalism
and other criminal activities.
Sec. 20-92. Definitions.
The following words, terms, and phrases; when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning;
Graffiti. Any unauthorized painting, scratching, writing or inscription, including initials,
slogans, symbols or drawings, that has been applied to any wall, building, fence, windows, sign
or other structure or surface, which is visible from: (1) any public property, (2) any public right-
of-way, or (3) another person's property. "Graffiti" does not include any of the foregoing that is
placed on the property in compliance with any applicable city ordinance, state or federal law.
Owner. Any owner of record, person who has contractual responsibility for the property, or
person who has the legal right of possession of the property. There shall be a rebuttable
presumption in prosecutions under this article that the person who is listed on the tax records for
the county wherein the property is situated is the owner. There shall be a rebuttable presumption
in prosecutions under this article that the person currently named on the account for utility
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ORDINANCE NO. 1322
services furnished by the City of Pearland is the person who has the legal right of possession of
the property.
Unauthorized means without the consent of the owner or without authority of law. Unless the
owner proves otherwise, lack of consent will be presumed under circumstances tending to show
(i) the absence of evidence of specific authorization by the owner, (ii) that the visual blight is
inconsistent with the design and the use of the subject property, or (iii) that the person causing
the visual blight was unknown to the owner.
Sec. 20-93. Graffiti Declared A Public Nuisance.
The city finds and determines that b'faffiti is an impure and unwholesome matter and its
existence: (1) is detrimental to the safety and welfare of the public; (2) tends to reduce the value
of private property; (3) invites vandalism, additional graffiti, and other criminal activities; and
(4) produces urban blight which is adverse to the maintenance and continuing development of
the City. The existence of graffiti on public or private property in violation of this chapter is
expressly declared to be a public nuisance and is subject to the removal and abatement
provisions provided by law. It is the duty of the owner of the property to which graffiti has been
applied to at all times keep the property clear of graffiti.
Sec. 20-94. Duty To Remove Graffiti.
A person commits an offense if the person is the owner of property within the City or its
extraterritorial jurisdiction and the owner knowingly fails to paint over or remove the graffiti
from the property within 10 days after being notified by the City of the presence of graffiti on the
owner's property.
Sec. 20-95. Notice.
(a) The city must notify the property owner of the existence of graffiti on his or her property
before issuing a citation for a violation of section 20.94.
(b) Notice must be given:
(1) In writing and delivered to the owner in person;
(2) By letter addressed to the owner at the owner's post office address, and sent certified
mail, return receipt requested; or
(3) Ifpersonal service cannot be obtained or the owner's post office address is unknown:
a. By posting the notice on or near the front door of each building on the
property to which the violation relates; or
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ORDINANCE NO. 1322
b. By posting the notice on a placard attached to a stake driven into the ground
on the property to which the violation relates, if the property contains no
buildings.
(4) Utility companies may request to be notified electronically by submitting a written
request to the City. The request for electronic notification must include the e-mail address
to which all notifications will be sent.
(c) Notice will be deemed to have been received:
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three (3) days after it was mailed;
(3) For notice by posting, ten (10) days after notice was posted.
(4) For electronic notification, (1) day after it was e-mailed.
Sec. 20-96. Penalty.
(a) Any person violating a provision of this chapter shall be guilty of a Class C misdemeanor.
(b) An offense under this chapter shall be punishable:
1) by a fine of not less than one dollar ($1.00) and not more than one hundred dollars
($100.00) for the first offense;
2) by a fine of not less than one dollar ($1.00) and not more than two hundred fifty
dollars ($250.00) for the second offense; and
3) by a fine of not less than one dollar ($1.00) and not more than five hundred
dollars ($500.00) for all subsequent offenses.
Sec. 20-97. Defenses.
It is an affirmative defense to prosecution of this offense that the property owner:
(1) has removed graffiti from that particular property three or more times within the
preceding 12 months, and
(2) has taken reasonable efforts to prevent the application of graffiti on that property."
Sec. 20-98 thru 20-100. Reserved.
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ORDINANCE NO. 1322
Section 2. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 3. Codification. It is the intent of the City Council of the City of Pearl and, Texas, that
the provisions of this ordinance shall be codified in the City's official Code of Ordinances as
provided hereinabove.
Section 4. Publication and Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and
after its publication, or the publication of its caption and penalty, in the official City newspaper.
PASSED and APPROVED on First Reading this the 9th day of April, A. D., 2007.
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TOM REID
MAYOR
ATTEST:
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SONIA BLAIR
DEPUTY CITY SECRET AR Y
PASSED and APPROVED on Second and Final Reading this the 23rd day of April, A. D.,
2007.
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TOM REID
MAYOR
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ORDINANCE NO. 1322
ATTEST:
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SONIA BLAIR
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD SECOND AND FINAL READING
APRIL 23, 2007
Voting "Aye" - Councilmembers Saboe, Beckman, Tetens
Kyle, and Cole.
Voting "No" - None,
Motion passes 5 to O.
PUBLICATION DATE: April 23, 2007
EFFECTIVE DATE:
May 5, 2007
PUBLISHED AS REQUIRED BY SECTION 3,10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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