ORDINANCE NO. ORD-08-41

First Reading   :  December 15, 2008		Approved:
Public Hearing :  January 20, 2009		Published:
							Effective:

GRAFFITI

AN ORDINANCE TO AMEND SECTION 9:6 OF CHAPTER 106 OF TITLE IX OF THE CODE OF THE CITY OF ANN ARBOR.

The City of Ann Arbor Ordains: 

Section 1.  That Section 9:6 of Chapter 106 of the Code of the City of Ann Arbor be amended to read as follows:


9:6. Graffiti.

	(1) 	"Graffiti" constitutes a public nuisance and means any mark or marks on any surface or structure made without the prior permission of the property owner and made in any manner, including but not limited to, writing, inscribing, drawing, tagging, sketching, spray-painting, painting, etching, scratching, carving, engraving, scraping, or attaching. Chalk marks on sidewalks is not "graffiti." Graffiti does not include any posting of posters as permitted under Chapter 82, Section 7:102(3).

	(2) 	No person shall apply graffiti to any surface or structure. 

A violation of this subsection shall be a misdemeanor punishable by one or more of the following:

 	(a)	Community service that is as relevant and appropriate to the violation as possible;

 	(b)	Restitution;

 	(c)	A fine of not more than $500.00 plus costs.

No person who owns or otherwise controls or manages any property shall permit or allow any graffiti to be or remain on any surface or structure on the property beyond the time indicated in a notice, which shall be no less than two (2) days after the notice is posted on the property or delivered to the property owner and no less than four (4) days if the notice is mailed.  If removal of the graffiti by the date set in the notice is not possible due to weather or other reasonable cause, then on or before the date set in the notice the person to whom the notice is issued or his or her agent shall contact the City as indicated in the notice to request an extension. 

A violation of this subsection shall be a civil infraction punishable by a fine of not more than $500.00 plus costs, and/or equitable relief, and/or any other penalty available under the law,  including but not limited to a court order requiring the defendant to remove the graffiti.  Each day upon which graffiti is present upon a property constitutes a separate violation of this section.   For a first offense, the fine shall be $100.00, plus costs and all other remedies available by statute.  For each additional or subsequent offense within a 2-year time period the fine shall be not less than $250.00 and up to $500.00, plus costs and all other remedies available by statute.

Notice by the City to remove graffiti from a property may be made by mailing it to the property owner, as shown on assessment records, delivering it to the owner or posting it at a conspicuous place on the property. 

 In addition to or in lieu of charging a violation of this section, if any graffiti
remains on the property in violation of this section, then the City may remove the graffiti or have it removed in any reasonable manner that would be used by a responsible property owner.  The actual cost to the City for the removal shall be charged to the owner and, if not paid, assessed against the property in accordance with section 1:292 of Chapter 13 of this Code.

The provisions of this section do not require an election of remedies.  The City may proceed under any one, some, or all of the provisions of this section and may bring any other legal action available, civil or criminal, to enforce the provisions of this section.

(7)	The victim may proceed with any private right of action provided under law against a person who has applied graffiti or the parent or guardian of a minor. 

Section 2.  That this Ordinance shall take effect on the ninetieth (90th) day following legal publication.