Memo to: All Neighborhood Councils and Civic Associations
From:    Kathleen Brown, Citizen Liaison to Policing
April 10, 2001 

                  

CITY OF SPRINGFIELD

 IN THE YEAR TWO THOUSAND

 AN ORDINANCE.
 

                     AMENDING TITLE 8 OF THE REVISED ORDINANCES OF THE CITY OF
                     SPRINGFIELD, 1986, AS AMENDED, IS HEREBY FURTHER AMENDED BY 
                     ADDING A NEW CHAPTER 8.32 - GRAFFITI

                        Be it ordained by the City Council of the City of Springfield as follows:

                   Title 8 of the Revised Ordinances of the City of Springfield, 1986, 
                    as amended, is hereby further amended by adding the following new 
                    Chapter 8.32 thereto:  

Chapter 8.32

 GRAFFITI   

Sections:                                                                  

8.32.010      Purpose and intent.
8.32.020      Definitions.  
8.32.030      Prohibited acts.  
8.32.040      Accessibility to graffiti implements.  
8.32.050      Graffiti as nuisance.  
8.32.060      Removal of graffiti by perpetrator.  
8.32.070      Removal of graffiti by property owner or city.  
8.32.080      Ease of removal provisions  
8.32.090      Trust fund.  
8.32.100      Violations—Penalties.  

8.32.010  Purpose.  A.  The city council of the city of Springfield is enacting This ordinance to prevent graffiti and its spread and to establish a program for the removal of graffiti from public and private property.

B.       The city council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless action is taken to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the city.

C.       The city council intends, through the adoption of this ordinance, to provide enforcement tools to protect public and private property from acts of graffiti vandalism, defacement and to minimize graffiti in the city. The city council does not intend hr this ordinance to conflict with any existing anti-graffiti state laws or as amended.  

8.32.020   Definitions. For the purposes of this chapter, the following words, terms, and phrases shall have the meanings respectively ascribed to them in this section, except where the context dearly indicates a different meaning:

A. “Aerosol paint container” means any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.

B.  Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, Is greater than one-fourth (1/4th) of an inch, containing ink Or other pigmented liquid that is not water soluble.

C.  “Etching equipment’ means any tools, device or substance that can be used to make permanent marks on any natural or man-made surface.

D.  “Graffiti means any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the code enforcement commissioner.

E.   Graffiti implement” means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stIck, etching equipment brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.

F.   “Paint stick or graffiti stick” means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark thereon.

G.  Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.  

8.32.030  Prohibited acts.  Defacement.  It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any city-owned property or on any non city-owned property.  

8.32.040  Accessibility to graffiti implements.  A. Display and Storage.

1.  Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad-tipped markers shall store the containers, sticks or markers in an area continuously observable, Through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.

2.  In the event that a commercial retail establishment Is unable to store the aerosol paint containers, paint sticks, or broad-tipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers in an area not accessible to the public in the regular course of business without employee assistance.

B.  Signage Required. Every person who operates a retail establishment selling graffiti implements shall:

1.  Place an interior sign in clear public view stating: Graffiti is Against The Law. Any person who defaces real or personal property with paint or any other liquid device shall be punishable by a fine up to three hundred dollars ($300.00).” Such sign(s) shall be at (east forty-eight (48) square inches and shall be posted in public view in the store at a height of not less Than four (4) feet or greater than nine (9) feet from the floor.

2.  Place a sign In clear public view stating:  “Selling spray paint, paint sticks, or broad-tipped markers to persons under 18 years of age is against the law and punishable by a fine up to three hundred dollars ($300.00).”  

8.32.050  Graffiti as nuisance. A. The existence of graffiti on public or private property in violation of this ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this ordinance.

B.  It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti.  

8.32.060 Removal of graffiti by perpetrator.  A. Any person applying graffiti shall be responsible for the removal thereof or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this ordinance. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal. Such removal shall be done In a manner prescribed by the director of the department of public works, the commissioner of code enforcement, or any additional city department head, as authorized by the city council.

B.  Any removal of graffiti from a historical property shall be reviewed and approved by the Springfield historical commission in accordance with its rules and regulations.  

8.32.070  Removal of graffiti by property owner or city.  If graffiti is not removed by the perpetrator according to this chapter, graffiti shall be removed pursuant to the following provisions:

A.  Property Owner Responsibility. It Is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of ten (10) days after service by first class mall of notice of the defacement The -notice shall contain the following information:

1.  The street address and legal description of the property sufficient for identification of the property;

2.  A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding;

3.  A statement that the graffiti shall be removed within ten (10) days after receipt of the notice and that if they do not abate the graffiti within that time the city will declare the property to be a public nuisance, subject to the abatement procedures in section 8.32.080;

4.  An information sheet identifying any graffiti removal assistance programs available through the city and private graffiti removal contractors; and

5.  An extension time to remove graffiti may be granted by the enforcement agency.

B. Right of City to Remove

1.  Use of Trust Funds. Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the city shall be authorized to use trust funds for the removal of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the mayor or his designee determines in writing that a more extensive area Is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

2.  Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal the city shall attempt to secure the consent of the property owner or responsible party and a release of the city from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this ordinance, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city may commence a civil action in housing court for right of entry upon the said property and to recover administrative and abatement costs for the graffiti removal.

       3.  Lien.  As to such property where the responsible~ party is the property owner, if all or any portion of the assessed eradication charges remain unpaid after thirty (30) days, pursuant to the authority created by Massachusetts General Laws chapter 139, the portion thereat that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort. The enforcement agency shall request an order for a lien from the housing court, and thereafter, shall cause a certified copy of the lien to be recorded with the registry of deeds where the land is located.  

8.32.080  Ease of removal provisions.  A.  Common Utility Colors and Paint-type. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in -the city shall paint Its above-surface metal fixtures with a uniform paint type and coIor that meets the universal standards of the industries. Said painting may be done on the utility a -regularly maintenance scheduled if said schedule is within one (1) year of this ordinance

B.  Condition Encroachment Permits. All encroachment permits issued by the city shall, among such other things, be conditioned on:

1.  The pemittee’s application of an anti-graffiti material to the encroaching object of a type and nature that Is acceptable to the commissioner of code enforcement or his designee;

2.  The permittee’s immediate removal of any graffiti;

3.  The city’s right to remove graffiti or to paint the encroaching object; or

4.  The permittee’s providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti.  

       8.32.090 Trust fund.  The city council hereby creates the City of Springfield Anti-Graffiti Trust Fund.” Penalties assessed against violators of this ordinance shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The commissioner of code enforcement shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal and the costs of administering the ordinance, and such other public purposes as may be approved by<an order of the city council.  

       8.32.100 Violations—Penalties.  A.  NoncriminaI Disposition. Any person violating this ordinance, except for sections 8.32.030 and 8.32.040,shall be punished by a fine of two hundred dollars ($200.00) for the first offense; two hundred fifty dollars ($250.00) for the second offense; and three hundred dollars ($300.00) for each subsequent offense. Each day or part of a day during which the violation is committed, continued, or permitted shall be a separate violation. The police department and the code enforcement department shall enforce the provisions of this ordinance.

1.  In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor far payment of all fines.

2.  Failure of the parent& or legal guardian to make payment will result in the filing of a lien on the parent’s or legal guardian’s property that includes the fine and administrative costs.

B.  Criminal Disposition—Restitution. In addition to any punishment specified in this chapter or the Massachusetts General Laws, a court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution.
                    1. Upon an application and finding of indigence, the court may decline to order fines against the minor, parents or guardian.

 C.  Forfeiture of personal property. All personal property, including, but not limited to, automobiles, motorcycles and bicycles, used or intended to be used in violating this ordinance shall be forfeitable to the city by the court. In forfeiting such personal property, the court shall follow the procedures outlined in Massachusetts General Laws concerning the forfeitures of personal property. In any forfeiture proceeding under this section, the court shall not order a forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by the laws of Commonwealth of Massachusetts and the United States constitution.

                D.  Community Service. In lieu of, or as part of the penalties specified in this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements:

1.  The minor or adult shall perform at least thirty (30) hours of community service.

2.  At least one parent or guardian of the minor shall be in attendance a minimum of fifty percent (50%) of the period of assigned community service.

3.  The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police or the probation department of the court.

4.     Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.

5.     Any minor determined to be a ward of the court under the laws bf the Commonwealth of Massachusetts as a result of committing an offense In the city shall be required, at the city’s option, to perform community service, including graffiti removal service of not less than fifteen (15) hours nor more than eighty (60) hours.

E.     Civil Responsibility for Damages or Wrongful Sale, Display or Storage. Any person who sells, displays or stores, or permits the sale, display or storage, of any graffiti implement in violation of the provisions of this ordinance shall be personally liable for all costs, including attorney’s fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party’s prosecution Of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully sold, displayed or stored graffiti implements in violation of the provisions of this ordinance, provided that such liability shall not exceed fifteen hundred dollars ($1,500.00).

               APPROVED:   November 14, 2000

                EFFECTIVE:   December 5, 2000

                ATTEST:     William Metzger’s  Signature 
                                  CITY CLERK   
 

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