The URL can be used to link to this page

Home My Public Portal About13-07 Prohibition of Graffiti 1st Reading: March 13, 2013 2nd Reading: April 10, 2013 Public Hearing: April 10, 2013 Adopted: April 10, 2013 Effective Date: April 11, 2013 Sponsored by: Mayor Taylor ORDINANCE NO. 13-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, AMENDING ARTICLE VII, SECTION 15, OF OPA-LOCKA CODE OF ORDINANCE, PROVIDING FOR THE PROHIBITION OF GRAFFITI, AND THE DISPLAY OF SIGNS BY MERCHANTS; PROVIDING FOR ENFORCEMENT PENALTIES, AND CIVIL FINES; PROVIDING FOR DEFINITIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka has determined that the offense of graffiti has become widespread throughout the City; and WHEREAS, the City Commission of the City of Opa-locka has determined that in order to combat this continuing problem it is necessary to regulate and prohibit the sale of graffiti material to minors; and WHEREAS, the arrest of individuals who deface property is a difficult task, and the City does not want to penalize or punish the owners of damaged property; and WHEREAS, the City Commission of the City of Opa-locka desires to maintain the appearance of the City for the benefit of all its residents. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Ordinance No. 13-07 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. That Article VII - Graffiti of the Opa-locka Code of Ordinances is hereby amended and renumbered as follows: ************* ARTICLE VII GRAFFITI. Sec. 15-111 Prohibited Conduct. (a) Graffiti Prohibited. No person shall 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 private person, firm, or corporation, unless the express permission of the owner or operator of the property has been obtained first. (b) Possession of Spray Paint and Markers by Minors on Public Property Prohibited. No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any public property, highway, street, alley or way except in the company of an adult. Lc,) Possession of Spray Paint and Markers by Minors on Private Property Prohibited Without Consent of Owner. No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any private property unless the owner, agent or manager, or person in possession of the property knows of the minor's possession of the aerosol container or marker and has consented to the minor's possession while on his or her property. (d) Sale to Minors Prohibited. No person or business shall sell or cause to be sold to any person under the age of eighteen (18) years, and no person under the age of eighteen (18) years shall buy any aerosol container of spray paint or broad-tipped indelible markers. Evidence that a person, an employee, or agent of a business demanded and was shown bonafide evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution hereof. fie) Display of Signs. Every person who owns, conducts, operates or manages a retail or wholesale commercial establishment which sells aerosol containers of spray paint or broad-tipped indelible markers shall place a sign provided by the City in clear public view at or near the display of such products stating that Graffiti is a crime. Sec. 15-112. -Definitions. For the purpose of this section, the term "broad tipped indelible marker" means any felt tip marker, or similar implement, which contains a•y . . . • .. . . • .. .. . . . •: .. . Ordinance No. 13-07 one half(%) inch or greater. As used in this section, the following words shall have the following meanings: (a) Broad-tipped indelible marker shall mean any felt-tip marker, or similar implement, which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half (1/2") inch or greater. Broad-tipped indelible markers shall not include the normal range of school or art supplies. (b) Graffiti shall mean an inscription or drawing on a wall or other surface visible from the public right-of-way or from another parcel of land. Sec. 15-113. -Violation of section 15-111; penalties therefor. (a) Generally. Any person convicted of a violation of section 15 111 shall be - - - -•-, -, - - - - - -• - - • , II .. -•- - - - - - . .I.- - - -' - • . . - . - •- - -•• - , • - -- - • - • - - - - , - -- • • • • - - -- - gUardiftn (b) Restitution. In addition to any punishment, the court shall order the• • .. . - --- - - - - - . ... - - - - - - - -. • --• - .- (c) In addition to any punishment, the court may, in its discretion, order the . . . - - e. Any person convicted of a violation of subsections 15-111 (a), (b), and (c) shall be punished by a fine of not less than two hundred fifty ($250.00) dollars or more than five hundred ($500.00) dollars. Violations of subsection 15-111 (d), or (e), shall result in a civil penalty of not more than one hundred ($100.00) dollars for a first offense and not more than two hundred ($200.00) dollars for subsequent offenses. Once three (3) violations of subsection 15-111 (e), occur within any calendar year at a commercial establishment, that establishment shall be subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-tipped indelible markers for a period of two (2)years. Violation of said injunction shall be punishable by a fine of one hundred ($100.00) dollars per day in addition to any other penalties levied by the court. Where a minor is found to have violated subsection 15-111, the fine imposed by this section shall be assessed against such minor's parents or legal guardian. Any aggrieved party may appeal any final order imposing a fine herein to the appropriate forum. Ordinance No. 13-07 (a) Notice to property owner. Whenever the city becomes aware of the exiotcnee of be given, notice to remove or effectively obscure such graffiti to the property . - ., = . ' . - . • • - - - - - ! • . - - - . ef—effeetively obscured and charge the property owner, or property owner's fo na st, by the violator, if any, to remove or effectively obscure the subject graffiti in a•- - • . - • ., ., . .. - • . • . - - - • . • - • . . . .•• - -- • - • e .: ocka Graffiti Co ordinator, or the city • . ' . • --, . - . • • - . - , :2-- , . _ , • •• - . . • - - Sec. 15-114.- Order to Remove Graffiti. When the City becomes aware of the existence of graffiti on any property, within the City, a Code Compliance Officer or Police Officer is authorized to give or cause to be given to the owner of the property notice to remove the graffiti from the property. Sec. 15-115. - Failure to Remove or Request City for Assistance in Removing Graffiti. It shall be unlawful for any person or firm owning property Ordinance No. 13-07 where graffiti has occurred to fail to remove or request the City for assistance to remove the graffiti from such property within fourteen (14) days from receipt of the notice described in subsection 15-114. Sec. 15- 3116. - Anti-graffiti trust fund. There is hereby created the City of Opa-locka Anti-Graffiti Trust Fund. Civil penalties assessed against violators of this article as set forth in section 15 114(d) 15-113 ultimately received by the city shall be placed in the fund. The city commissioners of the City of Opa-locka shall direct the expenditure of monies in the fund. Such expenditures shall be limited to the payment of the cost of removal of graffiti, the costs of administering this article, and such other public purposes as may be approved by the City of Opa-locka City Commission by resolution. Sec. 15-117.—Police Office authorized to remove vehicle. A police officer is authorized to remove a vehicle to the request garage or other place of safety, or to a garage designated or maintained by the county or by the municipality when a vehicle is used by a person engaging in the commission a violation of section 15-111, subsections (a), (b) and (c). • ******** Section 3. All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. PASSED AND ADOPTED this 10th day of April, 2013. Ordinance No. 13-07 RA A/LOR MAYOR attest to: to Lat. anna Flores ty Clerk Approved as to form and legal sufficiency: J's-ph S Geller C ' EN' 'OON MARDER PA • y Attorney Moved by: COMMISSIONER HOLMES Seconded by: VICE MAYOR KELLEY Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES . .. ,.SUNDAY,MARCH 31,2013 ND MiamiHerald.com THE MIAMI NER,L1 EACH US E1G• 01:1HsOD NEWS EDITORIAL Suburban Editor ®KEY BISCAYNE ing and release tech- Historical Society's meet- fired"then-Building De- according to a close-out Joan Chrissos niques.Most importantly, ing Thursday at 7:30 m, g 305-376-2635 CLINIC TO TEACH Y P• partment director Sergio memo. jchrissosraMiamiHeraldcom KIDS TO FISH this event will serve as a Miami Springs Senior Ascunce. PARADISE AFSHAR Editor way for the community to Center,343 Payne Dr.For Cabrera claims As- Edit Figueras Negrete The Key Biscayne Citi- learn more about becom- more information,call cunce,who worked with a MIAMI SPRINGS 305-376-3556 zen Scientist Project will ing Citizen Scientist. 305-805-3321, the city from 2008-2011, FESTIVAL SK tfigueras @MiamiHerald.com hold a Youth Fishing Clin- Adult supervision is was fired when"he re- IS SATURDAY Reporters is starting on April at required,and ace is a DORAL q P fused to carry out an un- The third annual Hialeah:Christina V Bill Boggs State Park limited,so RSVP at NO CHARGES TO BE Hialeah:Christina na Veiga,ei @Miami BROUGHT AGAINST lawful order from her Springs River Festival 5K 305-376-2029;.con;@Cveioa on Twitter Registration begins at http://fishingclinic.event regarding the issuance of a takes place on Saturday, 8:30 a.m.The clinic is brite.com. SOLER-MCKINLEY P Y Youth sports designed to create respon- o certificate of occupancy," April G.The 5K run starts sporsscene•@MiamiHeraldcom g pon MIAMI SPRINGS The state attorney's according to documents. promptly at 7 a.m.in front sible marine resource LEARN ABOUT EARLY conducting sschoolnews MiamiHerald.com by teaching chil- office will not prosecute After conductin a full of the Circle Barber Shop stewards b t g former Doral manager criminal investigation into near the Gazebo. dren Florida's marine STATE LAND BOOM Yvonne Soler-McKinley the allegation against OTHER CONTACTS Y g clthe Runnerscan m community r ecosystems.Kids will Dr.Juan Riera,world after former Councilman manager,it was concluded now at the community Advertising learn about the animals renowned historian, Pete Cabrera filed a con- that there was no evidence center for$10.Race-day 305-376-2707 that live in our marine speaker,writer and profes- plaint with the Florida that Soler-McKinley was registration will cost$15. Back Issues: environment,how to tie sor,will speak about Flori- Department of Law En- ordering him to do some- For information,call 305-376-3719 P p and bait a hook,fishing da's land boom in the forcement alleging Soler- thing that was not within 305-805-5075. Subscriber Services: regulations,proper cast- 1920s at the Miami Springs McKinle had"illegally his scope of employment, THEO KARANTSALIS HERALD 1-800-843-4372 - .. Single-Copy Sales: 305-376-3222 tit's+' rely '1 i t i a n S6FZt 1 0 US 7 south 60-8 Strad in Miami Scs tthetot®rs,eotta • ies • .. 1 Sunday lee Special Offers CITY OF OPA-LOCKA,FLORIDA Genuine Honda • • NOTICE TO THE PUBLIC B I I I l r, Niti 9 NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks,Florida will hold a public • hearing at its Regular Commission Meeting on Wednesday,April 10,2013 at 7:00 p.m.at the Ope-locka Municipal Complex,780 Fisherman Street,2^'Floor,Opa-locks,Florida to consider the following items: Plus tax` SECOND READING ORDINANCES/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE CITY MANAGER TO PURCHASE TEN(10)NEW VEHICLES,CONSISTING OF ; SEVEN(7)F-150 TRUCKS,TWO(2)F-250 TRUCKS AND ONE E-250 CARGO VAN FROM FORD GUS • MACHADO INC.,FOR THE PUBLIC WORKS AND UTILITIES DEPARTMENT,IN AN AMOUNT NOT TO EXCEED$3,273.16 PER MONTHLY PAYMENT,FOR A PERIOD OF 60 MONTHS INSTALLMENT Tire Rotation • PLAN WITH AN INTEREST RATE NOT OT EXCEED 4%,PAYABLE FROM ACCOUNT NUMBER 64-533648, 63-533648 AND 32-541648; PROVIDING FOR INCORPORATION OF RECITALS; ' ,, PROVIDING FOR CONFUCT AND REPEALER;PROVIDING FOR SE red by UTY;PROVIDING FOR ®95 plus tax` V`/ AN EFFECTIVE DATE(first reading held on March 13,2013).Sponsored by C.M. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE VII,SECTION 15,OF OPA-LOCKA CODE OF ORDINANCE,PROVIDING FOR THE PROHIBITION OF GRAFFITI,AND THE DISPLAY OF SIGNS BY MERCHANTS;PROVIDING FOR ENFORCEMENT PENALTIES,AND CIVIL FINES;PROVIDING FOR DEFINMONS;PROVIDING FOR INCORPORATION O ,DING FO;PROVIDING FOR CONFLICT PROVIDING FOR REPEALER;PROVIDING SOUTHMOTORSJ FOR NCORABIUTI PROVIDING FOR CODIFICATION;PROVIDING FOR PE EFFECTIVE DATE (first reading held on March 13,2013).Sponsored by iFICINDA. Additional information on the above items maybe obtained in the Office of the City Clerk,780 Fisherman Street, US"'1 f2 �? � �I � i4"�" 4"Floor,Opa-locks,Florida.All interested persons are encouraged to attend this meeting and will Fisherman heard with . ,J'i l�L South Ib Street in Miami respect to the public hearing. QQ� ,g�ypp r •��®p PURSUANT TO FS 286.010$:Anyone who desires to appeal any decision made by any board,agency,or commission with ' N 8 6 i 7 �4 I South Hon dos c®m respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may ®M 9�® need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal may be based. "Available on Sunday Service at South Motors Honda. OW-20 oil or premium synthetic oil extra. JOANNA FLORES,CMC Offers cannot be combined. Must present otter when order is written. See dealer for details. CITY CLERK Expires 60 days from date of publication.