GRAFFITI ABATEMENT ORDINANCE

Section 1. Purpose 

The purpose of this ordinance is to prevent and eliminate graffiti within the Town of Paleto Bay, preserve the appearance and value of public and private property, discourage vandalism, and promote community pride through the prompt removal of unauthorized markings.

The Town recognizes that graffiti constitutes a public nuisance that can negatively impact neighborhoods, businesses, tourism, and public safety.

Section 2. Definitions 

Graffiti means any unauthorized inscription, word, figure, design, symbol, drawing, etching, sticker, paint, marker, or similar marking placed upon any surface without the consent of the property owner or lawful authority.

Property Owner means the individual, business, organization, or governmental entity holding legal title or control of the affected property.

Public Property means any property owned, leased, or maintained by the Town of Paleto Bay, including streets, sidewalks, parks, signs, bridges, utility structures, and public buildings.

Responsible Party means any individual determined to have created, directed, or authorized graffiti.

Section 3. Graffiti Prohibited

No person shall place, apply, create, or cause graffiti upon any public or private property without the express permission of the property owner.

Possession of spray paint, paint markers, etching tools, or similar materials shall not, by itself, constitute a violation of this ordinance.

Section 4. Graffiti as a Public Nuisance 

Graffiti visible from a public street, sidewalk, park, or other public area is hereby declared a public nuisance.

The continued existence of graffiti adversely affects community appearance and may be subject to abatement under this ordinance.

Section 5. Property Owner Responsibilities 

Property owners shall make reasonable efforts to remove or conceal graffiti within:

• Thirty (30) calendar days of receiving notice from the Town; or

• Thirty (30) calendar days after becoming aware of the graffiti, whichever occurs first.

The Town may grant reasonable extensions where circumstances warrant.

Victims of graffiti shall not be considered responsible for its creation.

Section 6. Graffiti on Public Property 

The Town shall endeavor to remove or cover graffiti on public property as promptly as practical, with priority given to locations affecting public safety, schools, parks, government facilities, and major transportation corridors.

Temporary coverings or paint matching may be used until permanent repairs can be completed.

Section 7. Notice of Violation 

When graffiti exists on private property, the Town shall provide written notice to the property owner identifying:

• The location of the graffiti;

• The corrective action required;

• The compliance deadline;

• Available appeal procedures.

Notice may be delivered personally, by mail, or by posting on the affected property.

Section 8. Town Abatement Authority 

If graffiti is not removed within the prescribed period, the Town may enter the property, consistent with applicable law, to remove or conceal the graffiti.

Costs reasonably incurred may be assessed against the property owner after notice and opportunity to comply.

The Town may waive recovery of costs when doing so serves the public interest.

Section 9. Restitution 

Any person found responsible for creating graffiti may be required to:

• Pay restitution for cleanup costs;

• Perform community service involving graffiti removal;

• Repair or restore damaged property where appropriate;

• Reimburse the Town or property owner for associated expenses.

These remedies are in addition to any criminal or civil penalties authorized by law.

Section 10. Murals and Public Art 

Nothing in this ordinance prohibits:

• Authorized murals;

• Public art installations;

• Community art projects approved by the Town;

• Temporary displays permitted by the property owner and applicable regulations.

Approved artwork shall not be considered graffiti.

Section 11. Juvenile Offenders 

When the responsible party is a minor, the Town may encourage diversion programs, educational opportunities, or supervised community service in lieu of punitive measures whenever appropriate.

Parents or guardians may be held financially responsible to the extent permitted by law.