The URL can be used to link to this page

Home My WebLink About07-057 Ô5'PY io: (0, (../1 u":'nll1l. åìlVlli\ Itt>H ÇlLDÒ Ce.N t1'\ tPJ FlY, hte ORDINANCE NO. 07-057 ~O::!l(l)m ¡JJ~fñ~c o~_z§ ~o -Iz º,,~r-s: ~ rJl ~?i' .. ... I\J - ." ...N....m;:a lÐ"'C~C')·-< g¡~~~? OlN-IC') o8-<r- ~.... m . III ;:a ~~ '" :...;. 0 i?~ ." ~~ :t :t§ m ~ C') o :;¡j ~ C') o c: z :::¡ C') o c: ;:a -I AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING CHAPTER 1- 2 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO CREATE ARTICLE VII "GRAFFITI"; CREATING SECTION 1-2-69 (DEFINITIONS); CREATING SECTION 1-2-70 (PROHIBITED ACTS); CREATING SECTION 1-2-71 (PENALTIES); CREATING SECTION 1-2-72 (ACCESSIBILITY TO GRAFFITI IMPLEMENTS); CREATING SECTION 1- 2-73 (REWARD FOR INFORMATION); CREATING SECTION 1-2-74 (PUBUC NUISANCE);CREATING SECTION 1-2-75 (RESPONSIBIUTY OF PROPERTY OWNER; NOTICE OF DEFACEMENT); CREATING SECTION 1-2-76 (RIGHT OF ENTRY ON PRIVATE PROPERTY); CREATING SECTION 1- 2-n (REMOVAL); CREATING SECTION 1-2-78 (ANTI- GRAFFITI TRUST FUND); PROVIDING FOR SEVERABIUTY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR FlUNG; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, graffiti is a public nuisance and destructive of rights and values of property owners as well as the entire community. Unless the County acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties become the target of graffiti, and entire neighborhoods are affected and become less desirable places to be, all to the detriment of the County. WHEREAS, the State of Florida in Section 806.13, Florida Statutes, considers the placement of graffiti as an act of criminal mischief. WHEREAS, the Board of County Commissioners intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. WHEREAS, the Board of County Commissioners is authorized to enact this Ordinance pursuant to its police powers and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Stl'llel( tkl'&\:Igk passages are deleted. Page 1 of 8 Underlined passages are added. PART A. Chapter 1-2 "Administration" of the Code of Ordinances of St. Lucie County is hereby amended as follows: ARTICLE VII. GRAFFITI Sec. 1-2-69. Definitions. A. Graffiti: Any unauthorized inscription. word. figure. painting. or other defacement. that is written. marked. etched. sprayed. drawn. painted. or engraved on or other wise affixed to any surface of any public or private property by any graffiti implement. B. Graffiti Implement: An aerosol paint container. 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 manmade surface. Sec. 1-2-70. Prohibited Acts. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any property within the unincorporated County. Sec. 1-2-71. Penalties. Any person violating Sectionl-2-70 shall be guilty of a second degree misdemeanor. in addition to any penalties that may be imposed by the State. 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. Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents' or legal guardians' property that includes the fine and administrative costs. Sec. 1-2-72. Accessibility to Graffiti Implements. A. It shall be unlawful for any person. other than a parent or legal guardian. to sell. exchange. give. loan or otherwise furnish. or cause or permit to be exchanged. given. loaned. or otherwise furnished. any aerosol paint container. broad-tipped marker. or paint stick to any person under the age of eighteen (18) years without the written consent of the parents or guardian of the person. Stftlel( thp8tlgh passages are deleted. Page 2 of 8 Underlined passages are added. B. 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. C. 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 establishments shall store the containers. sticks. and markers in an area not accessible to the public in the regular course of business without employee assistance. D. Every person who operates a retail commercial establishment selling graffiti implements shall also: 1 Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property is guilty of a crime punishable by imprisonment of up to five years and/or a fine of up to $5000." 2. Place a sign in the direct view of persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint. paint sticks. or broad-tipped markers to persons less than 18 years of age is against the law and punishable by a fine of $100." E. Any person found in violation of Section 1-2-72 shall be fined $100 for each offense. See. 1- 2 -73. Reward for Information. The County may offer a reward in an amount to be established by resolution of the Board for information leading to the identification and apprehension of any person who willfully damages or destroys any public or private property by the use of graffiti. In the event of damage to public property. the offender or the parents or legal guardian of any unemancipated minor must reimburse the County for any reward paid. In the event of multiple contributors of information. the reward amount shall be divided by the County in the manner it shall deem appropriate. Claims for reward under this section shall be filed with the County in the manner specified by the Board. No claim for reward shall be allowed unless the County investigates Strlleh threllgh passages are deleted. Page 3 of 8 Underlined passages are added. and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Sec. 1-2-74. Public nuisance. The existence of graffiti on public or private property in violation of this article is expressly declared to be a public nuisance. Sec. 1-2-75. Responsibility of property owner; notice of defacement. Prior to taking any Code Enforcement Board action. the County shall work with the property owner to achieve voluntary graffiti removal. including using any funds which may be available in the Anti-Graffiti Trust Fund. &.. It shall be the responsibility and duty of any person who is the owner of. or who has primary responsibility for. control. repair. or maintenance of property within the County to at all times keep the property free of graffiti. B. It shall be the responsibility and duty of any person who is the owner of. or who has primary responsibility for. control. repair. or maintenance of property within the County to abate the nuisance by removal of any graffiti from such property within ten days after service of notice of defacement. C. When a code enforcement officer of the County finds graffiti on public or private property in violation of the provisions of this article. the Code Enforcement Officer shall cause a notice to be placed upon the property. Such notice shall be sufficient to withstand normal exposure to the elements for a period of ten days. D. The notice of the existence of graffiti shall contain the following information: 1 The name of the property owner or person in primary control of the property. 2. The street address and description of the property sufficient for identification of the property. 3. A statement that the property is a nuisance. with a concise description Strtlcl< throtlgh passages are deleted. Page 4 of 8 Underlined passages are added. of the conditions leading to the finding. 4. A statement that the graffiti must be removed within ten days after receipt of the notice and that. if the graffiti is not abated within this time. the County will declare the property to be a public nuisance subject to abatement by the County. and that the owner will be liable for the costs of the abatement. 5. The date of the placement of the notice. 6. The signature. title. address. and telephone number of the Code Enforcement Officer giving the notice. E. If graffiti appears on private property. the Code Enforcement Officer shall also mail a copy of the notice to the owner of the private property upon which the graffiti appears as shown by the current ad valorem tax records of the County Property Appraiser. The notice shall also advise the persons to whom the notices are applicable that they have seven days from the date of the mailing of the notice to file a written petition to the Code Enforcement Division for a hearing before the Code Enforcement Board to contest the notice that graffiti exists on the property or. if eligible. to file an application with the Code Enforcement Division for assistance with removal of the graffiti. The hearing before the Code Enforcement Board shall be held at the next regularly scheduled hearing date following receipt of the request by the Code Enforcement Division. Sec. 1-2-76. Right of entry on private property. If the Code Enforcement Officer has reason to believe that the nuisance presents a serious threat to public health. safety or welfare. as described in section 1-2-22(c) of this Code. and the property owner or such other responsible person fails to remove the offending graffiti within the time specified in the notice. or if the County has requested consent to remove the graffiti and the property owner or such other responsible person has refused consent for entry on terms acceptable to the County and consistent with the terms of this article. the Code Enforcement Division shall notify the Board of County Commissioners. which may direct that all reasonable measures be taken to remove the nuisance. including entry onto private property. 5trtleh tkrotlgk passages are deleted. Page 5 of 8 Underlined passages are added. Sec. 1-2-n. Removal. A. If the graffiti is not removed. the property owner shall be liable to the County for all costs incurred by the County in removing the nuisance. including supplies and labor. If an owner or interested person has not requested a hearing before the Code Enforcement Board or has not applied for any available County assistance. as provided in section 1-2-72. within seven days from the date of the notice. the County shall have the right to remove the graffiti at the expense of the owner. B. If. at the end of ten days after the date of the notice. the owner or any person interested in the property described in such notice has not removed the graffiti. the Code Enforcement Officer may cause the graffiti to be removed. The work to remove or conceal the graffiti may be performed only on the areas covered or affected by the graffiti. Any paint or coverage material used need not match the color or texture of the unaffected areas of the property. The County will not be required to remove the graffiti to the satisfaction of the property owner. The services entailed in carrying out the removal of graffiti under this article may be performed by the County or be performed by an independent contractor obtained pursuant to the County's normal practices. C. If the County has removed the graffiti and payment is not received from the property owner within 30 days thereafter. the County may place a lien against the property on which the graffiti was located. if applicable. or upon any real or personal property owned by the violator. for the cost of the work. including inspection and administration costs. plus interest at the maximum rate allowable by law. reasonable attorney fees and the costs of collecting such sums without further hearing. Sec. 1-2-78. Anti -Graffiti Trust Fund. The Board hereby creates the Anti-Graffiti Trust Fund. Penalties assessed against violators of this Ordinance. along with monetary donations received from persons wishing to contribute to the fund. shall be placed into the Anti-Graffiti Trust Fund. Such Fund shall be used for the payment of costs of graffiti removal. the payment of rewards for information leading to the conviction of a vrolation of this Ordinance. the costs of administering this Ordinance. and such other public purposes as may be approved by the Board. Stl'tlel< thl'otlgh passages are deleted. Page 6 of 8 Underlined passages are added. PART B. SEVERABILITY . If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective January 1, 2008. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith AYE Vice Chairman Paula A. Lewis AYE Commissioner Chris Craft AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PART F. CODIFICA TION. Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts "B" through "F" shall not be codified. PASSED AND DULY ADOPTED this ){) day of NOVJjV\/~/1 ,2007. Strtleh thrðtlgh passages are deleted. Page 7 of 8 Underlined passages are added. ATTEST: ~Ø¡/µ~ Deputy Clerk ¿c... .,ç.~..~~O~R.'..'l',; b ~ /~ _ ~ hi I ~-.~ (e:, ¿~' ~ ¡. - L/. ,~: r . ,. (..... '- ) ¡ ::l..'...'.. '\ iJ/ ~.. ~: 4' ., .-.../.....~ ')I'... . ~#60... ¡¡.~ ..........:l(J ,\IIl',.¡.J. if ~.:..:".,~ '.. ..w-. ~~......~ 5trtlch tkrlltlgk passages are deleted. BOARD OF COUNTY COMMISSIONERS ST. LUCIE C U , fL RIDA ~i APPROVED AS TO FORM AND CORRECTNESS 17~, B~~1fl/ft( Page 8 of 8 Underlined passages are added. CHARLIE CRIST Governor May 27, 2008 FLORIDA DEPARTMENT 0 STATE STATE LIBRARY AND ARCHIVES OF FLORIDA Honorable Edwin M. Fry, Jr. Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Millie Delgado -Feliciano, Deputy Clerk Dear Mr. Fry: KURT S. BROWNIE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 23, 2008 and corrected coder form of St. Lucie County Ordinance No. 07-057, which was received in this office on May 27, 2008 Sincerely, r ko-t.-"� Liz Cloud Program Administrator LC1srd DIRECTOR'S OFFICE R.A. Gny Bmlding - 500 South Bronough Street - Tallahassee, Fbrids 32399-0250 850.245.6600 - FAX: 850.245.6735 - TDD: 850.922.4085 - http://dW.dashte.tl.m COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA X: 850.245.6600 - FA850145.6643 850.245.6600 - FAX: 850.245.6744 850.245.6700 - FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 - FAX: 850.488.9879 850.245.6750 - FAX: 850.245.6795 850.245.6270 - FAX: 850.245.6282