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Home My Public Portal AboutOrdinance 508 Adding Article 4 to Chapter 10 of the Fraser Town Code to Provide for Eradication of Graffiti VandalismTown of Fraser Ordinance NO. 508 Series 2024 AN ORDINANCE ADDING ARTICLE 4 TO CHAPTER 10 OF THE FRASER TOWN CODE TO PROVIDE FOR ERADICATION OF GRAFFITI VANDALISM. WHEREAS, the Town of Fraser would like to eradicate graffiti vandalism within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE FRASER BOARD OF TRUSTEES, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 10 Article 4 of the Fraser Town Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethrough print]: Chapter 10 Article 4. Eradication of Graffiti Vandalism Sec. 10-4-10. Legislative intent. The Fraser Board of Trustees finds and declares that graffiti vandalism constitutes a serious and growing menace, injurious to the public health, safety, morals and general welfare of the residents of the Town. Graffiti vandalism creates visual blight and devalues public and private property. Furthermore, graffiti vandalism contributes substantially to the spread of violence and crime. Prompt eradication of graffiti vandalism is necessary to control the spread of graffiti vandalism and promote the public health, safety, morals and general welfare of the residents of the Town. Sec. 10-4-20 Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent means an individual or entity that is authorized by a business or property owner to act on his behalf with regard to the business or property. Deface means to mar the external appearance or injure, impair or destroy by effacing significant details of something by removing, distorting, adding to or coverinq all or a part thereof. Graffiti vandalism means any unauthorized defacement of public or private property, including, but not limited to, buildings, structures, fixtures, sidewalks or other improvements, whether permanent or temporary, with any inscription, word, figure, sign, symbol, marking or design, by means of painting, marking, drawing, writing, etching or carving, by use of paint, spray paint, ink, knife or any similar method, and which is visible from the public right-of-way or an adjacent property. Owner or property owner means any person holding legal title to any property, real or personal, located within the Town boundaries. Property means any structure, building, premises, business, vacant lot, single- family dwelling, multifamily dwelling or any other real or personal property located within the Town. Tenant means any person leasing, renting, using or in any other way occupying the property of another for any term with his assent, express or implied. Sec. 10-4-30. Declaration of public nuisance. All property defaced by graffiti vandalism is declared to be a public nuisance and is a Code violation subject to all available remedies allowed by law and pursuant to Article 1 of Chapter 7 of this Code. Sec. 10-4-40. Concurrent remedies. The procedures set forth in this article for defaced property shall not be exclusive and shall not restrict the Town from concurrently enforcing other Town ordinances or pursuing any other remedy provided by law. Sec. 10-4-50. Duty of property owners, agents and tenants. It is the duty of every person, whether owner, agent or tenant of any property, at all times to maintain the property in a clean and orderly condition, including the immediate removal or abatement of graffiti vandalism from the property. Sec. 10-4-60. Abatement by the Town. Any property owner, agent, or tenant whose property has been defaced by graffiti vandalism may voluntarily agree to immediate removal or eradication of the graffiti vandalism by the Town, which removal shall be without charge to the property owner, agent or tenant, if the property owner, agent or tenant contacts the Town within 72 hours after the graffiti vandalism occurs, or after verbal or written notice is provided by the Town that graffiti vandalism has been found on the property. (1) If the property owner, agent or tenant agrees to such abatement by the Town, those persons designated by the Town to execute abatement are expressly authorized to enter upon the owner's property for the purpose of causing the removal or eradication of graffiti vandalism. (2) Such agreement by the owner authorizes the Town to abate or remove the graffiti vandalism by any available and appropriate means. This includes the use of chemicals to remove the vandalism or the use of paint to cover the vandalism. The Town does not guarantee any color matching if paint is determined to be the most appropriate abatement procedure. Sec. 10-4-70. Notice of violation. The Health Officer or designee may issue a "notice of violation" to any property owner, agent, or tenant of any property who fails to remove or abate graffiti vandalism from the property either by their own action or as described in Section 10-4-60 of this Code. Such notice of violation shall be issued in accordance with Section 7-1-20 and Section 7-1-30, respectively, of this Code. Sec. 10-4-80. - Violations and penalties. Any owner, occupant or agent in charge of a lot, building, fence, structure, premise or place, who fails or refuses to abate the nuisance within twenty-four (24) hours after being ordered to do so by the Board of Health, Chief of Police or other officer of the Town, shall be deemed guilty of a misdemeanor and, upon conviction, in addition to all legal remedies available for the enforcement of this Chapter, such as injunctions and mandatory restraining orders and any other available relief, shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) for each separate offense. Every period of forty-eight (48) hours of continuance of the nuisance shall be a separate offense without need for separate notice for the second and subsequent offenses of the same continuing nuisance. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THISS DAY OF. l )(-1,-\ A , 2CO3`(( . BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Votes in favor: 7 Votes opposed: (� Votes abstained: 0 LORko Published in the Middle Park Times on �Q.,,j n�...� ti aba,'� . BY: �v t FF�ac Interim Acting Mayor ATTEST: YY\ „ L, Town Clerk