Ord. 1322-1 2009-11-09 ORDINANCE NO. 1322 -1
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
AMENDING ARTICLE VI, GRAFFITI ABATEMENT; PROVIDING FOR A
PENALTY; PROVIDING DEFENSES; HAVING A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE AND FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 20, OFFENSES AND MISCELLANEOUS PROVISIONS, of
the Code of Ordinances, City of Pearland, Texas is revised by amending 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.
ORDINANCE NO. 1322 -1
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 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 graffiti 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.
2
ORDINANCE NO. 1322 -1
Sec. 20 -94. Owner Responsibility and Graffiti Removal Program
(a) It shall be unlawful for the owner of property in the City or certain areas located
in the City's ETJ to knowingly permit graffiti to remain on his or her property
except where:
(1) the graffiti is located on transportation infrastructure; or
(2) the removal of the graffiti would create a hazard for the person performing
the removal
(b) Prior to any enforcement or removal efforts by the City, the property owner shall
be informed in writing that the City, at its sole expense, shall remove the graffiti
from the owner's property, provided the property owner gives written permission
for removal of the graffiti and releases the city, its contractors, and /or volunteer
personnel from liability in the performance of the graffiti removal by completing a
permission and release from liability form.
(c) If the property owner gives written permission for the City to remove the graffiti,
the City shall remove the graffiti at its sole expense.
(d) If the City provides notice in accordance with this Article and the United States
Postal Service returns the notice as "refused" or "unclaimed," or the property
owner fails to respond to the City's offer on or before the 15 day after of the
date the property owner receives notice of the City's offer, the property owner
shall be deemed to have declined the City's offer.
(e) If the property owner declines the City's offer to remove the graffiti, the City shall
serve the property owner with notice to remove the graffiti from the property on
or before the 15 day after the date the property owner receives notice to
remove the graffiti. Failure of the property owner to remove the graffiti as
described herein is a violation of this Section.
Sec. 20-95. Notice.
(a) The notice requirements of this ordinance 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) If personal 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
3
ORDINANCE NO. 1322 -1
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; or
c. By publication at least once in a newspaper of general circulation in the
City.
(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.
(b) 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.
4
ORDINANCE NO. 1322 -1
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.
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 Pearland,
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 26 day of October, A. D.,
2009
ia
TOM REID
MAYOR
ATTEST:
tiAR
_/i4/../// �/i ?0,/
x ...0. 1
YsjNG LO' ING, R�'C f
Cy SEC TARY
5
ORDINANCE NO. 1322 -1
PASSED and APPROVED on Second and Final Reading this 9 day of
November, A. D., 2009.
N
TOM REID
MAYOR
ATTEST:
t?
EAR
Q •'•"0 VOTING RECORD SECOND AND FINAL READING
=,pk• J NO 9, 2009
Y N RF I G R ~t
,3 ,'N s Voting "Aye" Councilmembers Owens, Sherman, Saboe,
C S A ETARY
s ',44,,,,,,,,...0."'.' and Cole.
Voting "No" None.
APPROVED AS TO FORM: Motion passed 4 to 0, with Mayor Pro -Tem Kyle absent.
0 PUBLICATION DATE: November 11, 2009
K�r C54...-'---'-....
EFFECTIVE DATE: November 20, 2009
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10 OF
CITY ATTORNEY THE CHARTER OF THE CITY OF PEARLAND, TEXAS
6