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
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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.