§ 34-3. Graffiti.

(a)

No person shall write, paint, or draw any inscription, figure, or mark of any type on any public or private building or other real or personal property owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof, or by any person, unless the express permission of the owner or operator of the property has been obtained.

(b)

No person shall carry an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of subsection (a) of this section. For the purpose of this section, the term "broad-tipped indelible marker" means any felt-tipped marker, or similar implement, which contains a fluid which is not water soluble and which has a flat or angled writing surface one-quarter inch or greater.

(c)

No person shall sell an aerosol spray paint can or broad-tipped indelible marker to a minor with the intent to violate the provisions of subsection (a) of this section.

(d)

No person shall purchase an aerosol spray paint can or broad-tipped indelible marker for a minor for the purpose of violating the provisions of subsections (a) and (b) of this section.

(e)

No minor shall be in possession of an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of subsection (a) of this section. For the purpose of this section, the term "minor" means persons who are under 18 years of age.

(f)

In addition to any punishment for violation of this section, the court may order the defendant to make restitution to the victim for damage or loss caused directly, or indirectly, by the defendant's offense in a reasonable amount or manner to be determined by the court. Where the defendant is a minor, the court may order the parent or legal guardian of such minor to make such restitution.

(g)

In addition to any punishment provided for violation of this section, the court may in its discretion order the defendant to perform monitored community service.

(h)

Whenever the city becomes aware of the existence of graffiti on any property, including structures or improvements within the city, a building official, a code compliance officer or police officer is authorized, upon such discovery, to give, or cause to be given, notice to remove or effectively obscure such graffiti to the property owner, the property owner's agent or manager, or other person in possession or control of the property.

(1)

It shall be unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession or control of property to fail to remove or effectively obscure any graffiti from such property within 30 days from receipt of the notice described in this subsection (h). If the person owning such property, acting as manager or agent for the owner of such property, or in possession or control of such property, fails to remove or effectively obscure the graffiti within the time period enumerated in this subsection, the city shall cause the graffiti to be removed or effectively obscured and charge the property owner, or property owner's manager or agent, for the expenses incurred by the city. The city may sue in a court of competent jurisdiction to recover such expenses, together with attorneys' fees and costs.

(2)

Any person owning property, acting as agent or manager for the owner of such property, or in possession or control of such property, who commits a violation of this subsection (h) shall be punished by a fine of not more than $100.00. In deciding the amount of fine to impose, the hearing officer shall consider the efforts taken by the violator, if any, to remove or effectively obscure the subject graffiti in a timely manner and how often the violator has been victimized by graffiti during the preceding calendar year. The provisions of this subsection shall not apply to a property owner, manager, agent or possessor of property if, in the sole determination of the city graffiti coordinator or the mayor's designee, such property owner, agent, manager, or possessor has been victimized two or more times by graffiti within any calendar year, and during such time has removed or effectively obscured such graffiti from the property in a timely manner.

(i)

There is hereby created the city anti-graffiti trust fund. Civil penalties assessed against violators of this section ultimately received by the city shall be placed in the fund. The city council shall direct the expenditure of monies in the fund. Such expenditures shall be limited to the payment of the cost of removal of graffiti, the costs of administering this section, and such other public purposes as may be approved by the city council by resolution.

(j)

Any person convicted of violating the provisions of this section, or any part thereof, shall be punished by a fine of not more than $250.00 for a first offense, and of not more than $500.00 for a second or subsequent offense, or by imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprisonment in the discretion of the court. Where a minor is found to have violated subsection (a), (b), (c) and/or (d) of this section, the fine imposed by this subsection shall be assessed against such minor's parent or legal guardian.

(Ord. No. 90-41, §§ 1, 3, 9-3-91)

State law reference

Graffiti prohibited, F.S. § 806.13.