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HomeMy WebLinkAboutOrdinance 6657113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6657 File Number: 2022-279 AMEND 130.39 GRAFFITI: AN ORDINANCE TO AMEND § 130.39 GRAFFITI IN THE FAYETTEVILLE CODE TO AUTHORIZE USE OF CITY FUNDS TO ABATE OR REMOVE GRAFFITI ON PRIVATE PROPERTY ON OR VIEWABLE FROM CITY PROPERTY OR RIGHT-OF-WAY WHEREAS, the existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon city property, city right-of-way, and privately owned property viewable from city property or right-of-way is detrimental to property values, costs the City and private property owners abatement expenditures, degrades the economic vitality of the community, is inconsistent with the City's property maintenance requirements, and damaging to our community aesthetic standards, which thereby makes graffiti a nuisance; and WHEREAS, establishing a graffiti abatement program will enable the City to remove graffiti from city property and right-of-way and privately owned property with the consent of the owner, manager, or tenant more quickly; and WHEREAS, the City Council requests the Administration to attempt to obtain consent from the railroad company to authorize City staff to have the right, but not duty, to remove any graffiti from any train trestle in Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 130.39 Graffiti of the Fayetteville Code by repealing it and enacting the following: "(A) Definition. For purposes of this section, the term `graffiti' means any inscription, word, figure, design, symbol, or insignia which is marked, etched, scratched, drawn, painted, or otherwise affixed to or placed upon City property, utility property within the City right-of-way or, without the authority or permission of the owner, private property that is viewable from City property or right-of-way. (B) Unlawful to apply graffiti. It is unlawful for any person to apply graffiti upon any City property or City right-of- way (including any utility or other allowed structure on City property or City right-of-way) or upon any structure, fence, wall, dumpster or similar thing on private property without express authority and permission from the property owner. (C) Graffiti declared a public nuisance. Graffiti is detrimental to property values, degrades the aesthetics and attractiveness of the City, causes expenses for the City or private property owners to abate or remove the graffiti, harms the economic vitality of the City and violates the City's property maintenance requirements and the adopted Page 1 Ordinance: 6657 File Number: 2022-279 International Property Maintenance Code such that the City Council has determined and now expressly declares that graffiti is a public nuisance which should be promptly removed and kept off of all publicly viewable buildings, structures, utility equipment, and other places. (D) City staff empowered to abate or remove graffiti from private property with the consent of the owner or tenant. Because graffiti is a public eyesore and nuisance, the City has a public purpose to use public funds or staff to abate or remove graffiti from privately owned property that is viewable from City property or City right-of-way with the consent of the owner or tenant. (E) All Utilities with a Cityfranchise to use City right-of-way agree to graffiti removal. By placing or maintaining equipment or other things on City property or right-of-way, all utilities with franchises to use City property or right-of- way agree to promptly remove or abate any graffiti affixed to their equipment or other thing and allow the City to also abate or remove such graffiti without prior notice to the utility. This provision is an amendment to all City franchise agreements if the franchisees use the City right-of-way after June 1, 2023. (F) Other remedies remain available to the City. This section does not preclude the City from seeking the abatement or removal of graffiti through criminal mischief prosecutions, enforcement of the International Property Maintenance Code, or other remedies." PASSED and APPROVED on April 18, 2023 Page 2 Attest: lst��r -S, ��• GI T ? O" �, 9JC•r�Y FA • Ili ;-i!;: Kara Paxton. City Clerk Treasurer 151��r,•S� �'t�u; r i � i�i����► CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF APRIL 18, 2023 TO: Mayor Jordan and City Council THRU: Kit Williams, City Attorney FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: AMEND 130.39 GRAFFITI: RECOMMENDATION: CITY COUNCIL MEMO 2022-279 BACKGROUND: Council Member Turk has sponsored an item to amend §130.39 Graffiti of the Fayetteville Code to create a graffiti abatement program. DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Amend 130.39 Graffiti, EXHIBIT A - 120622 ADDITIONAL INFORMATION HAND OUT 2022-1051, ORD REPEAL §130.39 GRAFFITI ENACT NEW, Addtl Info Amended Graffiti Abatement Proposal, Proposed Amended Graffiti Abatement Ordinance Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2022-279 AMEND 130.39 GRAFFITI: AN ORDINANCE TO AMEND § 130.39 GRAFFITI IN THE FAYETTEVILLE CODE TO AUTHORIZE USE OF CITY FUNDS TO ABATE OR REMOVE GRAFFITI ON PRIVATE PROPERTY ON OR VIEWABLE FROM CITY PROPERTY OR RIGHT-OF-WAY WHEREAS, the existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon city property, city right-of-way, and privately owned property viewable from city property or right-of-way is detrimental to property values, costs the City and private property owners abatement expenditures, degrades the economic vitality of the community, is inconsistent with the City's property maintenance requirements, and damaging to our community aesthetic standards, which thereby makes graffiti a nuisance; and WHEREAS, establishing a graffiti abatement program will enable the City to remove graffiti from city property and right-of-way and privately owned property with the consent of the owner, manager, or tenant more quickly; and WHEREAS, the City Council requests the Administration to attempt to obtain consent from the railroad company to authorize City staff to have the right, but not duty, to remove any graffiti from any train trestle in Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 130.39 Graffiti of the Fayetteville Code by repealing it and enacting the following: "(A) Definition. For purposes of this section, the term `graffiti' means any inscription, word, figure, design, symbol, or insignia which is marked, etched, scratched, drawn, painted, or otherwise affixed to or placed upon City property, utility property within the City right-of-way or, without the authority or permission of the owner, private property that is viewable from City property or right-of-way. (B) Unlawful to apply graffiti. It is unlawful for any person to apply graffiti upon any City property or City right-of-way (including any utility or other allowed structure on City property or City right-of- way) or upon any structure, fence, wall, dumpster or similar thing on private property without express authority and permission from the property owner. (C) Graffiti declared a public nuisance. Graffiti is detrimental to property values, degrades the Page 1 Ordinance: 6657 File Number: 2022-279 aesthetics and attractiveness of the City, causes expenses for the City or private property owners to abate or remove the graffiti, harms the economic vitality of the City and violates the City's property maintenance requirements and the adopted International Property Maintenance Code such that the City Council has determined and now expressly declares that graffiti is a public nuisance which should be promptly removed and kept off of all publicly viewable buildings, structures, utility equipment, and other places. (D) City staff empowered to abate or remove graffiti from private property with the consent of the owner or tenant. Because graffiti is a public eyesore and nuisance, the City has a public purpose to use public funds or staff to abate or remove graffiti from privately owned property that is viewable from City property or City right-of-way with the consent of the owner or tenant. (E) All Utilities with a City franchise to use City right-of-way agree to graffiti removal. By placing or maintaining equipment or other things on City property or right-of-way, all utilities with franchises to use City property or right-of-way agree to promptly remove or abate any graffiti affixed to their equipment or other thing and allow the City to also abate or remove such graffiti without prior notice to the utility. This provision is an amendment to all City franchise agreements if the franchisees use the City right-of-way after June 1, 2023. (F) Other remedies remain available to the City. This section does not preclude the City from seeking the abatement or removal of graffiti through criminal mischief prosecutions, enforcement of the International Property Maintenance Code, or other remedies." Page 2 Legistar ID No.: 2022--ZO5/ AGENDA REQUEST FORM FOR: Council Meeting of December 6, 2022 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §130.39 GRAFFITI IN THE FAYETTEVILLE CODE TO CREATE A GRAFFITI ABATEMENT PROGRAM APPROVED FOR AGENDA: 0.4 a Ja, '' (gym 62 City Council Member Date Teresa Turk (1l4112-z Asst. City Attorney Blake Pennington Date Approved as to form ORDINANCE NO. AN ORDINANCE TO AMEND § 130.39 GRAFFITI IN THE FAYE7TEVILLE CODE TO CREATE A GRAFFITI ABATEMENT PROGRAM WHEREAS, the existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon public or privately owned property viewable from a public or quasi - public place within the city is detrimental to property values, degrades the community, causes an increase in crime, is inconsistent with the city's property maintenance and aesthetic standards, and is a nuisance; and WHEREAS, establishing a graffiti abatement program will enable the City to remove graffiti from public and privately owned property in addition to other remedies available to the City and to property owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 130.39 Graffiti of the Fayetteville Code in its entirety and enacts a new § 130.39 Graffiti as shown in Exhibit A attached hereto and made a part hereof. PASSED and APPROVED this 6" day of December, 2022. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer 130.39 - Graffiti (A) Definitions. (1) Graffiti: For purposes of this section, the term "graffiti" shall mean any inscription, word, figure, design, symbol or insignia which is marked, etched, scratched, drawn, painted or otherwise affixed to or placed upon public or private property located within the city to the extent that the same is not approved by the owner. (2) Quasi -public place: Any place, privately owned, but to which the public is invited, which shall include, but is limited to, the following: commercial, industrial and business properties, stores, restaurants, bars, retail business establishments, multi -family housing complexes containing 24 units of more, and their adjoining or related parking areas. (B)Unlawful to Apply Graffiti; Penalty. It shall be unlawful for any person to apply graffiti upon any public and privately owned structure located on public or privately owned real property within the city. Nothing contained herein shall prevent the city from pursuing any other remedy available for redress of any damage or injury caused by the action of any such person. (C)Declaration of graffiti as unsightly and a nuisance. The existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon public or privately owned property viewable from a public or quasi -public place within the city is detrimental to property values, degrades the community, causes an increase in crime, is inconsistent with the city's property maintenance and aesthetic standards, and is declared to be a nuisance. (D) Right of city to remove (1) Whenever the city becomes aware, or is notified and determines that graffiti is so located on the exterior of a building or structure (including fences and walls), or utility box or pole, on public or privately owned property viewable from a public or quasi -public place within the city, the city shall be authorized to use public funds for the removal of graffiti from the entire exterior of the building or structure affected, or for the painting of graffiti from the entire exterior of the building affected, but shall not authorize or undertake to provide for the painting of any more extensive area than where the graffiti is located, unless the City determines that a more extensive area is required to be repainted in order to avoid an aesthetic disfigurement to the neighborhood or community. (2) All incidents of graffiti should be reported to the Police Department, who may investigate the crime and notify the owner of the property or the property owner's agent and/or any leasehold tenant or utility company, concerning the city's graffiti removal program. The Police Department may also provide information on how to contact the appropriate division or department for the removal of the graffiti. The Police Department may also notify the appropriate division or department of the exact location of the graffiti and the name of the person to be contacted. In the event the owner Of the property or the property owner's agent and/or leasehold tenant or utility company cannot be reached after a period of two (2) business days since receiving the complaint, the city will then have the right to enter upon private property to the extent necessary to take corrective action. (3) Upon notification by the Police Department concerning the necessity to remove the graffiti, the city may make contact with the owner of the property or the property owner's agent, and/or any leasehold tenant and request that they sign a graffiti abatement identification and permission form allowing the city to enter on the property and remove the graffiti. The document will release the city, its officers, agents, and employees of and from any and all liability, claims, demands, causes of action, or obligations of whatsoever arising out of or in any way related to entry upon the property and for the removal of the graffiti. In the event the owner of the property or the property owner's agent and/or leasehold tenant or utility company cannot be reached after a period of two (2) business days since receiving the complaint and after contact has been attempted, the city will then have the right to enter upon private property to the extent necessary to take corrective action. (4) In the event the owner of the property or the property owner's agent, and/or any leasehold tenant refuses to sign the document which authorizes the city to remove the graffiti, the city may give or cause to be given notice to the owner of the property or the property owner's agent, and/or any leasehold tenant, to take corrective action and remove the graffiti from the property within two (2) business days from the date the notice is served. If the graffiti is not removed within two (2) business days after receipt of notice, then the city shall have the right to enter upon private property to the extent necessary to take corrective action to abate the nuisance. (5) In the event that graffiti is discovered and reported on private property such as buildings, structures, fences, walls, or utility poles/boxes, and after thorough documentation by the city, where it is not reasonable to find the property owner or the property owner's agent and/or leasehold tenant or utility company, or in cases where immediate removal of graffiti is deemed necessary (due to profanity, location, etc.), and since removal of graffiti in a timely manner is necessary, the city will then have the right to enter upon private property to the extent necessary to take corrective action. (6) In any case in which the city enters upon private property for the removal of graffiti without actual notice to the owner of the property or the property owner's agent and/or leasehold tenant, the city shall post a notice upon the front of the residence regarding the actions taken by the city to abate the nuisance. (E) Other remedies available to the city. This section does not preclude the city from seeking the removal of graffiti through other available remedies, including those under the Arkansas criminal mischief statutes and the international Property Maintenance Code. EXHIBIT 130.39 - Graffiti (A) Definitions. 0 Olddio� 0 (1) Graffiti: For purposes of this section, the term "graffiti" shall mean any inscription, word, figure, design, symbol or insignia which is marked, etched, scratched, drawn, painted or otherwise affixed to or placed upon any public right-of-way or public or private property located within the City to the extent that the same is not approved by the owner, owner's agent, or leasehold tenant. (2) Quasi -public place: Any place, privately owned, but to which the public is invited, which shall include, but is not limited to, the following: commercial, industrial and business properties, stores, restaurants, bars, retail business establishments, multi -family housing complexes containing 24 units or more, and their adjoining or related parking areas. (B) Unlawful to apply graffiti. It shall be unlawful for any person to apply graffiti upon any right-of-way or upon any public or privately owned structure located on public right-of-way or public or privately owned real property within the City. Nothing contained herein shall prevent the city from pursuing any other remedy available for redress of any damage or injury caused by the action of any such person. (C) Declaration of graffiti as unsightly and a nuisance. The existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon public right-of-way or public or privately owned property viewable from a public right-of-way or public or quasi -public place within the City is detrimental to property values, degrades the community, causes an increase in crime, is inconsistent with the City's property maintenance and aesthetic standards, and is declared to be a nuisance. (D) Right of city to remove graffiti. (1) Whenever the city becomes aware or is notified and determines that graffiti is located on the exterior of a building or structure (including fences and walls), or utility box or pole, on public right-of-way or on public or privately owned property viewable from a public, quasi -public place, or public right- of-way within the City, the City shall be authorized to use public funds for the removal of graffiti from the entire exterior of the building or structure affected, or for the painting over of graffiti from the entire exterior of the building affected. (2) All incidents of graffiti should be reported to the Police Department, who may investigate the crime and notify the owner of the property or the property owner's agent and/or any leasehold tenant or utility company, concerning the City's graffiti removal program. The Police Department may also provide information on how to contact the appropriate division or t al bl department for the removal of the graffiti. The Police Department may also notify the appropriate division or department of the exact location of the graffiti and the name of the person to be contacted. (3) Upon notification by the Police Department concerning the necessity to remove the graffiti, the City should contact the owner of the property or the property owner's agent, and/or any leasehold tenant and request that they sign a graffiti abatement identification and permission form allowing the City to enter on the property and remove the graffiti. (4) In the event the City verifies that the owner of the property or the property owner's agent, and/or any leasehold tenant has not approved the graffiti but refuses to sign the document which authorizes the City to remove the graffiti, the City should give or cause to be given notice to the owner of the property or the property owner's agent, and/or any leasehold tenant to take corrective action and remove the graffiti from the property within two (2) business days from the date the notice is served. If the graffiti is not removed within two (2) business days after service of notice, and the owner, tenant or their agent has not filed a written objection to the removal of the graffiti with the City Clerk within two business days after notice, then the City shall have the right to enter upon private property to the extent necessary to take corrective action to abate the nuisance. (5) If the owner, tenant, or their agent has filed a written objection to the City's removal of the graffiti including accurate contact information within two (2) business days with the City Clerk, the Chief of Staff or designee shall hold a due process hearing within a week after attempted notice to the appellant using the provided accurate contact information. The Chief of Staff or designee shall inform the appellant of the reasons for the planned graffiti removal during the due process hearing and give the appellant an opportunity to respond and justify the non -removal of the suspected graffiti. (E) Other remedies available to the City. This section does not preclude the city from seeking the removal of graffiti through other available remedies, including those under the Arkansas criminal mischief statutes and the International Property Maintenance Code. ORDINANCE NO. AN ORDINANCE TO AMEND § 130.39 GRAFFITI IN THE FAYETTEVILLE CODE TO CREATE A GRAFFITI ABATEMENT PROGRAM WHEREAS, the existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon public or privately owned property viewable from a public or quasi - public place within the city is detrimental to property values, degrades the community, causes an increase in crime, is inconsistent with the city's property maintenance and aesthetic standards, and is a nuisance; and WHEREAS, establishing a graffiti abatement program will enable the City to remove graffiti from public and privately owned property in addition to other remedies available to the City and to property owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 13 0.3 9 Graffiti of the Fayetteville Code in its entirety and enacts a new § 13 0.3 9 Graffiti as shown in Exhibit A attached hereto and made a part hereof. Received from Blake Pennington EXHIBIT A 02/17/2023 3:24 PM 130.39 - Graffiti (A) Definitions. (1) Graffiti: For purposes of this section, the term "graffiti" shall mean any inscription, word, figure, design, symbol or insignia which is marked, etched, scratched, drawn, painted or otherwise affixed to or placed upon public or private property located within the city to the extent that the same is not approved by the owner. (2) Quasi -public place: Any place, privately owned, but to which the public is invited, which shall include, but is limited to, the following: commercial, industrial and business properties, stores, restaurants, bars, retail business establishments, multi -family housing complexes containing 24 units of more, and their adjoining or related parking areas. (B) Unlawful to Apply Graffiti, Penalty. It shall be unlawful for any person to apply graffiti upon any public and privately owned structure located on public or privately owned real property within the city. Nothing contained herein shall prevent the city from pursuing any other remedy available for redress of any damage or injury caused by the action of any such person. (C)Declaration of graffiti as unsightly and a nuisance. The existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon public or privately owned property viewable from a public or quasi -public place within the city is detrimental to property values, degrades the community, is inconsistent with the city's property maintenance and aesthetic standards, and is declared to be a nuisance. (D)Right of city to remove (1) Whenever the city becomes aware, or is notified and determines that graffiti is so located on the exterior of a building or structure (including fences and walls), or utility box or pole, on public or privately owned property viewable from a public or quasi -public place within the city, the city shall be authorized to use public funds for the removal of graffiti from the entire exterior of the building or structure affected, or for the painting of graffiti from the entire exterior of the building affected, but shall not authorize or undertake to provide for the painting of any more extensive area than where the graffiti is located, unless the City determines that a more extensive area is required to be repainted in order to avoid an aesthetic disfigurement to the neighborhood or community. (2)AII incidents of graffiti should be reported to the Police Department, who may investigate the graffiti and notify the owner of the property or the property owner's agent and/or utility company, concerning the city's graffiti removal program. The Police Department may also provide information on how to contact the appropriate division or department for the removal of the graffiti. The Police Department may also notify the appropriate division or department of the exact location of the graffiti and the name of the person to be contacted. In the event the owner of the property or the property owner's agent and/or utility company cannot be reached after a period of five (5) business days since receiving the complaint, the city will then have the right to enter upon private property to the extent necessary to take corrective action. If the graffiti in question is deemed to be hate speech, the city will initiate an accelerated timeline for removal. In hate speech graffiti circumstances, if the owner of the property or the property owner's agent and/or utility company cannot be reached after a period of one (1) business day since receiving the complaint, the city will then have the right to enter upon private property to the extent necessary to take corrective action. (3) Upon notification by the Police Department concerning the necessity to remove the graffiti, the city may make contact with the owner of the property or the property owner's agent and request that they sign a graffiti abatement identification and permission form allowing the city to enter on the property and remove the graffiti. The document will release the city, its officers, agents, and employees of and from any and all liability, claims, demands, causes of action, or obligations of whatsoever arising out of or in any way related to entry upon the property and for the removal of the graffiti. In the event the owner of the property or the property owner's agent and/or utility company cannot be reached after a period of five (5) business days since receiving the complaint and after contact has been attempted, the city will then have the right to enter upon private property to the extent necessary to take corrective action. If the graffiti in question is deemed to be hate speech, the city will initiate an accelerated timeline for removal. In hate speech graffiti circumstances, in the event the owner of the property or the property owner's agent and/or utility company cannot be reached after a period of one (1) business days since receiving the complaint and after contact has been attempted, the city will then have the right to enter upon private property to the extent necessary to take corrective action. (4) In the event the owner of the property or the property owner's agent, refuses to sign the document which authorizes the city to remove the graffiti, the city may give or cause to be given notice to the owner of the property or the property owner's agent, to take corrective action and remove the graffiti from the property within five (5) business days from the date the notice is served. If the graffiti is not removed within five (5) business days after receipt of notice, then the city shall have the right to enter upon private property to the extent necessary to take corrective action to abate the nuisance. If the graffiti in question is deemed to be hate speech, the city will initiate an accelerated timeline for removal in which case the city will take corrective action after one (1) business days from the date the notice is served. If the graffiti is not removed within one (1) business days after receipt of notice, then the city shall have the right to enter upon private property to the extent necessary to take corrective action to abate the nuisance. (5) In the event that graffiti is discovered and reported on private property such as buildings, structures, fences, walls, or utility poles/boxes, and after thorough documentation by the city, where it is not reasonable to find the property owner or the property owner's agent or utility company, or in cases where immediate removal of graffiti is deemed necessary (due to profanity, location, etc.), and since removal of graffiti in a timely manner is necessary, the city will then have the right to enter upon private property to the extent necessary to take corrective action. (6) In any case in which the city enters upon private property for the removal of graffiti without actual notice to the owner of the property or the property owner's agent, the city shall post a notice upon the front of the residence regarding the actions taken by the city to abate the nuisance. (7) In the event the City verifies that the owner of the property or the property owner's agent has not approved the graffiti but refuses to sign the document which authorizes the City to remove the graffiti, the City should give or cause to be given notice to the property owner or property owner's agent to take corrective action and remove the graffiti from the property within five (5) business days after service of the notice, and the owner or owner's agent has not filed a written objection to the removal of the graffiti with the City Clerk within five (5) business days after the notice, then the City shall have the right to enter upon private property to the extent necessary to take corrective action to abate the nuisance. (8) If the owner or their agent has filed a written objection to the City's removal of the graffiti including accurate contact information within five (5) business days with the City Clerk, the Chief of Staff or designee shall hold a due process hearing within a week after attempted notice to the appellant using the provided contact information. The Chief of Staff or designee shall inform the appellant of the reasons for the planned graffiti removal during the due process hearing and give the appellant an opportunity to respond and justify the non -removal of the suspected graffiti. This objection process does not apply to hate speech graffiti. (E) Cultural Arts and Creative Safe Space. In conjunction with the implementation of the graffiti abatement program, if the city seeks graffiti abatement restitution funds, at least half of those funds will be used for the public arts fund. Additionally, the city will pilot a creative safe space in the form of a wall to be used by graffiti artists without fear of legal retribution. (F) Other remedies available to the city. This section does not preclude the city from seeking the removal of graffiti through other available remedies, including those under the Arkansas criminal mischief statutes and the International Property Maintenance Code. IN OFFICE OF THE CITY ATTORNEY Recieved From Kit Williams 04/04/2023 3:14 P.M DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council City Clerk Treasurer Kara Paxton CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: April 4, 2023 RE: Proposed Amended Graffiti Abatement Ordinance Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal I have worked with Council Member Teresa Turk to make clear that the City will properly respect private property rights while removing graffiti. The ordinance is now more focused on quickly removing graffiti from City property and right-of-way. With consent of the property owner or tenant, the City would be empowered (but not required) to remove or paint over, etc. graffiti on private property if viewable from City property or right-of-way. We also placed a new provision that public utilities operating in City's right-of-way pursuant to a franchise agreement with the City must agree to "promptly remove or abate any graffiti affixed to their equipment or other thing and allow the City to also abate or remove such graffiti without prior notice to the utility." The current graffiti ordinance will be on Unfinished Business on the April 18th City Council Meeting Agenda. Council Member Turk will probably move to amend it to the version she has approved which is attached to this memo. ORDINANCE NO. AN ORDINANCE TO AMEND § 13 0.3 9 GRAFFITI IN THE FAYETTEVILLE CODE TO AUTHORIZE USE OF CITY FUNDS TO ABATE OR REMOVE GRAFFITI ON PRIVATE PROPERTY ON OR VIEWABLE FROM CITY PROPERTY OR RIGHT-OF-WAY WHEREAS, the existence of graffiti on buildings, structures, such as fences or walls, or utility poles or boxes, located upon city property, city right-of-way, and privately owned property viewable from city property or right-of-way is detrimental to property values, costs the City and private property owners abatement expenditures, degrades the economic vitality of the community, is inconsistent with the City's property maintenance requirements, and damaging to our community aesthetic standards, which thereby makes graffiti a nuisance; and WHEREAS, establishing a graffiti abatement program will enable the City to remove graffiti from city property and right-of-way and privately owned property with the consent of the owner, manager, or tenant more quickly; and WHEREAS, the City Council requests the Administration to attempt to obtain consent from the railroad company to authorize City staff to have the right, but not duty, to remove any graffiti from any train trestle in Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 13 0.3 9 Graffiti of the Fayetteville Code by repealing it and enacting the following: "(A) Definition. For purposes of this section, the term `graffiti' means any inscription, word, figure, design, symbol, or insignia which is marked, etched, scratched, drawn, painted, or otherwise affixed to or placed upon City property, utility property within the City right-of-way or, without the authority or permission of the owner, private property that is viewable from City property or right-of-way. (B) Unlawful to apply graffiti. It is unlawful for any person to apply graffiti upon any City property or City right-of-way (including any utility or other allowed structure on City property or City right-of-way) or upon any structure, fence, wall, dumpster or similar thing on private property without express authority and permission from the property owner. (C) Graffiti declared a public nuisance. Graffiti is detrimental to property values, degrades the aesthetics and attractiveness of the City, causes expenses for the City or private property owners to abate or remove the graffiti, harms the economic vitality of the City and violates the City's property maintenance requirements and the adopted International Property Maintenance Code such that the City Council has determined and now expressly declares that graffiti is a public nuisance which should be promptly removed and kept off of all publicly viewable buildings, structures, utility equipment, and other places. (D) City staff empowered to abate or remove graffiti from private property with the consent of the owner or tenant. Because graffiti is a public eyesore and nuisance, the City has a public purpose to use public funds or staff to abate or remove graffiti from privately owned property that is viewable from City property or City right-of-way with the consent of the owner or tenant. (E) All Utilities with a City franchise to use City right-of-way agree to graffiti removal. By placing or maintaining equipment or other things on City property or right-of-way, all utilities with franchises to use City property or right-of-way agree to promptly remove or abate any graffiti affixed to their equipment or other thing and allow the City to also abate or remove such graffiti without prior notice to the utility. This provision is an amendment to all City franchise agreements if the franchisees use the City right-of-way after June 1, 2023. (F) Other remedies remain available to the City. This section does not preclude the City from seeking the abatement or removal of graffiti through criminal mischief prosecutions, enforcement of the International Property Maintenance Code, or other remedies.