HomeMy WebLinkAboutOrd 2013-05 ORDINANCE NO. 13-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN
CODE,CHAP 1'ER 11,RELATING TO GRAFFITI REGULATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Fountain Hills Town Code, Chapter 11 (Offenses), Section 11-1-3
(Defacing Public and Private Property), is hereby amended by adding a new Subsection A
(Definitions)to read as follows, and renumbering subsequent subsections accordingly:
A. Definitions. The following words,terms and phrases,when used in this Section,have
the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
1. "Etch" means to permanently alter a surface by use of an etching solution or
implement.
2. "Graffiti" means writing, drawing, inscribing, etching, spray painting,
sketching or otherwise applying a message, slogan, sign, image or symbol or
mark of any type on any public or private building, structure or surface made
without the express permission of the responsible party.
3. "Responsible party" means an owner, occupant, lessor, lessee, manager,
licensee or other person having the right to control property upon which
graffiti occurs.
SECTION 2. The Fountain Hills Town Code, Chapter 11, (Offenses), Section 11-1-3
(Defacing Public and Private Property), is hereby amended by adding a new Subsection G (Graffiti
prohibited)to read as follows:
G. Graffiti prohibited. All sidewalks,walls,buildings, fences, signs,and other structures
or surfaces shall be kept free from graffiti that is visible from the street, right-of-way
or other public or private property.
1. Notice of Abatement. If it is determined by the Town that graffiti exists on
property in violation of this Section, the Town shall, in writing, notify the
responsible party with a notice of abatement. The notice of abatement shall
direct that the graffiti be abated within 20 days of receipt of the notice. The
notice of abatement shall state that in the event the responsible party fails to
abate the graffiti within the time period specified in the notice of violation,the
Town may, in addition to the civil penalty remedies set forth in Section 1-8,
abate the graffiti as set forth in Subsection (G)(2) below, and may bill the
responsible party for the costs and administrative charge as set forth in
Subsection (G)(2) below. The notice of abatement may be served by regular
mail,personal service or by posting the subject property.
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2. Town's authority to abate. If the responsible party fails to abate the graffiti as
required by the notice of abatement, the Town may proceed to abate the
graffiti and may bill the responsible party for the costs thereof plus an
administrative charge of ten percent of the cost of abatement. The Town or
its authorized private contractor is expressly authorized to enter private
property and abate graffiti thereon in accordance with this section.
SECTION 3. If any section, subsection, sentence, clause,phrase or portion of this Ordinance
is for any reason to be held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,May 16,2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
L. da M. Kay ag , Mayor Bevelyn J. Be er, %own Clerk
REVIEWED BY: APPR VED AS TO FORM:
4.000-43L (00
Kenneth W. Buchanan, Town Manager Andrew J. cGuire, Town Attorney
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