§ 14-27. Damaging, destroying, defacing, etc., public and private property.

(a)

Definitions. For the purposes of this section, the following terms apply:

Broad-tipped, indelible marker shall mean any felt-tipped marker or similar implement which contains fluid which is not water soluble and which has a flat or angled writing surface one-half (½) inch or greater.

Corrective action shall mean an act, or taking the necessary initial steps, required to remove or effectively obscure graffiti, which includes, but is not limited to, entering into a paint out program, sandblasting, washing, chemical treatment, or painting, or repair any damages described herein.

Graffiti shall mean any writing, drawing, painting, inscription, figure, or mark of any type on any structure, public or private, or any other property, real or personal, that has been made without the consent of the owner of the property.

Owner shall mean any and all person(s) with legal or equitable title to real property in the city as his or her (their) name(s) and address(es) is(are) shown upon the tax rolls of the county. This definition shall also include an owner's tenant, agent, manager, or operator of the real property.

Supervising adult shall mean any individual twenty-one (21) years of age or older, which has been given responsibility by the minor's parent, legal guardian, or other lawful authority to supervise the minor and who is aware of the minor's possession of the aerosol container of spray paint or broad-tipped, indelible marker.

(b)

Prohibited; penalties.

(1)

a.

No person shall write, damage, destroy, deface, injure, vandalize, paint, or draw any inscription, figure, or mark of any type on any public or private building or structure or other real or personal property owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm or corporation, unless the express prior written permission of the owner, owner's agent, manager or operator of the property has been obtained and filed with the code and zoning enforcement division. No filing is required if the owner, owner's agent, manager, or operator of the property has obtained a valid signed permit in accordance with other pertinent law.

b.

No person under the age of eighteen (18) years shall have in his/her possession any aerosol container of spray paint or broad-tipped, indelible marker while on any public property, highway, street, or way, except in the company of a supervising adult.

c.

No person under the age of eighteen (18) years shall have in his/her possession any aerosol container of spray paint or broad-tipped, indelible marker while on any private property unless the owner, agent or manager, or person in possession of the private property knows of the minor's possession of the aerosol container of spray pain or indelible marker or has consented to the minor's possession while on his/her property.

(2)

Fines, imprisonment. At the discretion of the court, any person violating this section may be punished by a fine of up to two hundred fifty dollars ($250.00) for the first offense, five hundred dollars ($500.00) for the second offense, or imprisonment in the county jail for a term not to exceed sixty (60) days, and/or both fine and imprisonment.

(3)

Restitution. In addition to any punishment described herein, the court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the defendant's offense in an amount or manner determined by the court.

(4)

In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor for payment of all fines and restitution. Such liability will be in addition to the penalties imposed by F.S. § 741.24, as amended.

a.

Upon failure of the parent(s) or legal guardian(s) to make payment, a certified copy of the order shall be recorded in the public records of the county, resulting in the imposition of a lien on the parent's(s') or legal guardian's(s') real and personal property for the amount of the fine and/or restitution and administrative costs.

b.

Upon an application and finding of indigency, the court may decline to order fines against the minor or parent(s) or legal guardian(s).

(5)

Community service. In addition to any punishment listed above, the court may order violators to perform monitored community service of not less than forty (40) hours.

(6)

Whenever the city becomes aware of the existence of graffiti or other unsightly conditions on any real or personal property within the city, a code enforcement officer or police officer shall give written notice to the property owner and/or property owner's agent or manager to remove such graffiti. Corrective action must be taken within three (3) calendar days from receipt or posting of notice from the city, and completion of the corrective action must be completed within a reasonable time, as determined by the city.

(c)

Removal of graffiti.

(1)

It shall be unlawful for the owner of any private, real or personal property, including structures or improvements, to permit graffiti or other inscribed material to remain within the city, providing that the city has given the property owner of the property, owner's agent or owner's manager and/or operator written notice for corrective action within three (3) calendar days from receipt or posting of the notice. Notice shall be provided in compliance with F.S. § 162.12.

(2)

In the event corrective action has not been taken by the property owner to remove the graffiti or other inscribed material within the three-day period, or completed within a reasonable time as determined herein, the city may bring enforcement action pursuant to F.S. § 162.21. Such enforcement action may include the imposition of a fine, lien and/or taking of corrective action pursuant to F.S. § 162.09.

(3)

The city shall have the right to enter upon private property to the extent necessary to take corrective action. In the event that the city has to take corrective action because the property owner has not complied within the three-day period, then the owner of the real or personal property on which the graffiti existed shall be responsible for all costs incurred and failing payment by the owner, the city may impose a lien to recover all costs and expenses incurred by the city for such corrective action. Entry into any dwelling or structure is expressly prohibited under this section.

(d)

Reward. Any person who gives information leading to the arrest and conviction upon final appeal of any person for a violation of this section and testifies in the prosecution of the violator shall be eligible to receive a reward of one hundred dollars ($100.00) from the city, except that no enforcement officer of the city shall be eligible for such reward.

(Ord. No. 85-105, § 1, 2-11-85; Ord. No. 970-139, § 1, 9-8-97; Ord. No. 07O-07-139, § 1, 8-27-07)