27-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.------- ----27-98-- Passed --------------- - - - --- ---- -- - -------19 -- .
AN ORDINANCE DECLARING GRAFFITI A PUBLIC NUISANCE AND
ESTABLISHING A POLICY FOR GRAFFITI PREVENTION AND
ABATEMENT
WHEREAS, graffiti is detrimental to the health, safety and welfaze of the citizens of the City
of Dublin in that it promotes a perception that the laws protecting public and private property
can be disregarded with impunity; and
WHEREAS, graffiti fosters disrespect for the law that leads to an increase in crime; degrades
the community and leads to urban blight; is detrimental to property values, business
opportunities and the enjoyment of life; is inconsistent with the city's property maintenance
goals and aesthetic standazds; and leads to additional graffiti unless is it quickly removed from
public and private property; and
WHEREAS, Council finds that incidents of graffiti related vandalism have been increasing
within the City; and
WHEREAS, graffiti constitutes a public nuisance; and
WHEREAS, Council finds that where property has been defaced with graffiti, the owners
of such property shall be required to remove such graffiti within the time periods specified
within this Ordinance; and
WHEREAS, in combination with the strict enforcement of laws against vandalism and
criminal damaging, the pervasive and destructive effects of graffiti can be minimized by
quickly removing it from public and private property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, ~ of the elected members concurring that:
The General Regulations of the City of Dublin Codified Ordinances shall be amended and aze
ordained to read:
A. Definitions
For the purpose of this section the words and phrases defined hereunder shall have the
meanings therein respectively ascribed to them, unless a different meaning is cleazly indicated
by the context.
Public Nuisance. Graffiti, whether located upon public or private premises within
the City of Dublin, is hereby declared a public nuisance. Every owner, occupant, or
person in control of any premises within the City of Dublin shall cause the premises
to be kept clear and free of such graffiti, and otherwise comply with the requirements
of this chapter.
Citv Manager. "City Manager" means the City Manager or his~her designee.
Graffiti. "Graffiti" means any inscription, work, figure, marking or design that
is mazked, etched, scratched, drawn or painted on any premises, including buildings,
structures, fixtures or other improvements, whether permanent or temporary, whether
public or private, with any graffiti implement or other device, without the consent of
the owner of the property or the owner's authorized agent, and which is visible from
the public right-of--way or other public or quasi-public location within the city.
Graffiti Implement. "Graffiti Implement" means an Aerosol Paint Container, a Felt
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. ------------- Passed- ------ - - --------- -- ------- 19--- --
Tip Marker, or a Graffiti Stick.
Aerosol Paint Container. "Aerosol Paint Container" means any aerosol container,
regardless of the material from which it is made, which is adapted or made for the
purpose of spraying paint or any other substance capable of defacing property.
Felt Tip Marker. "Felt Tip Marker" means any indelible marker or similar
implement with a tip which, at its broadest width is greater than one-eighth (1/8th)
inch, containing an ink that is not water-soluble.
Graffiti Stick. "Graffiti Stick" means a device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance capable of being applied to a surface by
pressure, and upon application, leaving a mark at least one-eighth of an inch in width
visible from a distance of twenty (20) feet, and not water-soluble.
B. Graffiti Prohibited
It shall be the responsibility of all property owners to expediently remove graffiti from their
premises to substantially reduce or nullify any effect or intended purpose of the graffiti. All
sidewalks, walls, buildings, fences, signs, rocks, trees, bridges, gates, and other structures or
surfaces shall be kept free from graffiti when the graffiti is visible from the street or other
public or private property.
C. Notice of Violation
1) If it is determined by the City that the graffiti exists on property in violation of this
Ordinance, the City shall, in writing, notify the owner of the property or responsible party
through the issuance of a Notice of Violation providing a maximum of five (5) days to abate
the graffiti, unless it is City property in which case the City shall cause its removal within 48
hours. This Notice of Violation may be served by certified mail, as listed in the county
auditor's tax lists at the mailing address as shown on such tax lists; ordinary mail if the
certified mail is refused or unclaimed; personal service, by posting at the subject property; or
by publishing such a notice once in a newspaper of general circulation in the City of Dublin.
2) The Notice of Violation shall be sent immediately upon notification or
determination that such a violation exists. The City shall give no more than a total of two (2)
notices before enacting the penalty section contained herein. The second Notice of Violation
shall be issued after the first Notice of Violation has been sent and the removal period has
expired.
D. Removal of Graffiti, City Assistance.
1) City Property. The City Manager shall develop and implement administrative
policy and procedures to cause the removal of graffiti from City owned property and right-
of-ways within 48 hours.
2) Other Public Property. Where property defaced by graffiti is owned by a
public entity other than the City, the City Manager may cause removal of the graffiti using
City resources only after securing the consent of an authorized representative of the public
entity that has jurisdiction over the premises.
3) The City Manager is authorized to provide assistance for graffiti removal to
private property owners in the following manner:
a) Provide technical advice regarding the removal of graffiti.
b) Provide property owners a list of vendors who sell graffiti removing
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.___
Passed- - - --- - - - ------- -- ------ -19-- - -
materialslsubstances or who can provide further technical assistance.
c) Provide a list of contractors who provide graffiti removal services.
E. Prohibited Conduct.
1. No person may 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, firm, or corporation, with a graffiti
implement unless by the express written permission of the owner or operator
of the property has been obtained.
2. A person convicted of violating section C. of this chapter is guilty of Criminal
Mischief under § 131.05 and subject to penalty thereof.
Passed this ~ day of 1998
7
r
ATTEST:
Clerk of
1 hereby certify that copies of this Ortlinarrce!-liesolutiQn were posted i~lgiiE
Ciry of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
X63 lerk o Council, lin, Ohio
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Department of Service
6351 Shier-Rings Road • Dublin, Ohio 43016-1243
CITY OF DUBLIN Phone: 614-761-6570 Fax: 614-761-6512
Memo
To: All Members Dublin City Council
From: Timothy C. Hansley, City Manager 6
Initiated by: Dana L. McDaniel, Director of Se~vie~~/~
Date: April 13, 1998
Re: Ordinance 27-98, Graffiti
Staff recommends that Dublin City Council approve Ordinance 27-98, "An Ordinance Declaring
Graffiti a Public Nuisance and Establishing a Policy for Graffiti Prevention and Abatement,"
attached.
This Ordinance has been developed by staff for the following reasons:
1. To declare graffiti as a public nuisance.
2. To heighten the awareness of the general public that graffiti does occur in Dublin
and such acts are intolerable.
3. To require graffiti to be abated from public properties very quickly (48 hours).
4. To require graffiti to be abated from private property within 5 days.
5. To insure the rapid removal of graffiti in order to reduce the desired impact or effect
of graffiti.
6. To establish penalties for violation of this new section of the code.
Currently the Dublin Code does not specifically address graffiti. Staff has reviewed several model
ordinances and determined this proposed Ordinance to be the best-fit for Dublin. This Ordinance
• was significantly modeled after the City of Cincinnati.
An Administrative Order (AO) has been drafted and will be implemented after passage of the
Ordinance. This AO provides internal procedures for the reporting of graffiti by City employees,
establishes responsibility and time frames for the removal of graffiti ;and provides guidance on how
to assist private property owners and other public entities on graffiti removal.
Several staff members have had input to this ordinance. They are: Spencer Isom, Lt. Mike
Epperson, Sgt. Greg Potts, and Mitch Banchefsky.
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