O94-08 ORDINANCE 094-2g
AN ORDINANCE BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 15, OFFENSES-MISCELLANEOUS, BY
CREATING A NEW SECTION 15-18 ENTITLED
"GRAFFITI PROHIBITED"; PROVIDING FOR A
DEFINITION OF GRAFFITI; PROVIDING FOR
PENALTIES; PROVIDING A DUTY TO MAINTAIN
PREMISES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, graffiti, particularly in the form of spray
paint or marking devices on buildings, walls and fences within
the municipal boundaries of the City of Boynton Beach has
become of great concern; and
WHEREAS, the defacing of property by graffiti has been a
public safety concern, an aesthetic concern and has resulted
in great expense to the owners of both private and public
property; and
WHEREAS, the City Commission of the City of Boynton Beach
feels it is in the best interests of the citizens of the City
of Boynton Beach that such graffiti be prohibited, the
possession of marking devices be unlawful under certain
circumstances, and that property owners have a duty to
maintain their premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That chapter 15. Section 15-8 is hereby
created, to read as follows:
Sec. 15-18. Graffiti. Graffiti shall mean any
message, slogan, word, symbol, or drawing made on
any public or private surface without the express
permission of the owner of such surface.
(a) It shall be unlawful for any person to
paint or mark any public or private
property without the consent of the
respective owner of said property.
(b) It shall be unlawful for any person,
firm, public agency or utility owning or
acting as manager or agent for the owner
of property whether privately or publicly
owned, to permit the application of or fail to
remove any graffiti from the property within
thirty (30) days of receipt of notice from the
City to remove such graffiti.
(c) Any person convicted of violating (a) or
(b) above shall be subject to penalties
and fines not to exceed $500.00.
(d) In addition to any punishment, the court
shall order the defendant to make
restitution to the victim for damage or
loss caused directly or indirectly by the
defendant's offense in a reasonable
amount or manner to be determined by the
court.
Section 2. If any clause, section or other part of
this Ordinance shall be held by any court of competent
jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as
eliminated and in no way effecting the validity of the other
provisions of this Ordinance.
Section 3. That all Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith, be and the same are repealed to the extent of such
conflict.
Section 4. Authority is hereby granted to codify said
ordinance.
Section 5. That this Ordinance shall take effect
immediately upon adoption.
FIRST READING this /c~~- day of March, 1994.
SECOND, FINAL READING AND PASSAGE this C~- day of
April, 1994.
ATTEST:
CITY O~F~~///N B~~H, FLORI DA
Mayor ~
V/~/~ayor - /
Mayor Pro~~~, ,.!./ ._
(Corporate Seal)
Graffiti.Ord
3/10/94
Rev.3/24/94