Ordinance
No. 58
TOWNSHIP
OF SPRING ARBOR
AN ORDINANCE TO PROHIBIT GRAFFITI; TO PROHIBIT THE POSSESSION BY
MINORS OF GRAFFITI IMPLEMENTS; TO PROVIDE FOR REMOVAL OF GRAFFITI
At a regular meeting of the Township Board of the Township of Spring
Arbor held in the Township Hall on the 13th day of March, 2000,
at 7:30 p.m., the following Ordinance was offered by Member Short
and supported by Member Fortress.
THE
TOWNSHIP OF SPRING ARBOR ORDAINS:
SECTION
1. SHORT TITLE AND CITATION
This Ordinance shall be known and cited as the Spring Arbor Township
Graffiti Ordinance.
SECTION
2. DEFINITIONS
For the purposes of this Ordinance, the following dbfmitions shall
apply:
2.1 Aerosol paint container means any aerosol container which is
adapted or made for the purpose of applying paint or other similar
substance capable of marking or defacing property.
2.2 Graffiti means any unauthorized inscription, word, figure, painting
or ' other defacement that is written, marked, etched, sprayed,
drawn, painted or engraved on any Township owned or private property
within the Township of Spring Arbor by or using any graffiti implement.
2.3 Graffiti implement means an aerosol paint container, felt tip
marker, paint stick, etching tool or any other device capable of
scarring or leaving a visible mark on glass, metal, concrete, wood
or any other surface.
2.4 Owner shall mean any individual, firm, association, society,
corporation, partnership or group, including their officers and
employees, who, alone or with any others, possess:
a. A freehold or lesser estate in, or a land contract vendee's interest
in, any real property, with or without accompanying actual possession
thereof, or
b. Charge, care or control of any real or personal property, either
as agent, employee, representative, executor, administrator, trustee
or guardian.
2.5 Parent shall mean the natural or adoptive parent or legal guardian
of an unemancipated minor.
2.6 Removal means the act or process of removing graffiti.
SECTION
3. PROHIBITION
No person shall apply graffiti to any structure or trees, including
but not limited to, buildings, walls, fences, pools or signs on
any public or private property within the Township of Spring Arbor.
SECTION
4. POSSESSION OF GRAFFITI IMPLEMENTS BY MINORS
No Person under the age of eighteen (18) shall have in his or her
possession any graffiti implement while on any public or private
property including any public or private school. This section shall
not apply to the possession of graffiti implements by minors attending
or traveling to or from a school at which the minor is enrolled,
if the minor is participating in a class at said school which requires
the possession of said implements or to any minor who is required
to possess graffiti implements in the course of lawful employment
or other lawful uses with written proof from lan employer, or parent
and provided said graffiti implements are not used or intended to
be used for purposes of applying graffiti contrary to the provisions
of this Ordinance.
SECTION
5. PARENTAL RESPONSIBILITY
A parent having custody of a minor who violates any provision of
this Ordinance, shall be liable for all costs or expense incurred
by the Township, any citizen, business or organization incurred
in connection with the removal of graffiti placed by said minor.
SECTION
6. REMOVAL BY PERPETRATOR
Any person applying graffiti shall remove said graffiti. A parent
having custody of a minor shall also be responsible for such removal.
Failure to remove, provide for removal, or pay for removal shall
also constitute a violation of this Ordinance. Any removal of graffiti
by a perpetrator shall be done only with the express consent of
the owner of the property to which graffiti has been applied.
SECTION
7. REMOVAL BY PROPERTY OWNER
If the perpetrator of graffiti is not apprehended or fails to remove
the graffiti, the owner of the property which has been the recipient
of graffiti, shall be held responsible to remove said graffiti after
the Spring Arbor Township Police Department has first served a notice
to remove said graffiti upon the property owner via first class
mail. The notice shall give the owner of the property fourteen (14)
days from the date of mailing to effect removal of the graffiti.
Failure of the owner to remove graffiti within the above time period
shall subject the property owner to a civil infraction violation
carrying a maximum fine of one hundred dollars ($100.00).
SECTION
8. PENALTY
Any person who shall be convicted of a violation of any provision
of this Ordinance shall be deemed guilty of a misdemeanor and shall
be punished by a fine not to exceed Five Hundred ($500.00) Dollars,
or by imprisonment not to exceed ninety (90) days, or both.
SECTION
9. SEVERABILITY
If any section, subsection, clause, phrase, or portion of this Ordinance
is, for any reason, held invalid or unconstitutional by any court
or competent jurisdiction, such portion shall be deemed a separate,
distinct and independent portion of this Ordinance, and such holding
shall not affect the validity of the remaining portions of this
Ordinance.
SECTION
10. PURPOSE OF ORDINANCE
The Township of Spring Arbor hereby determines graffiti to be a
public nuisance due to its detrimental effect on buildings, other
property and the surrounding neighborhood.
SECTION
11. EFFECTIVE DATE
This Ordinance shall be published in the manner provided by law
and shall take effect thirty (30) days after publication.
MEMBERS PRESENT: DeGraaf, DeVries, Melchiori, Fortress, Ganton,
Short, Videto
MEMBERS ABSENT: None
AYES: Ganton, Melchiori, Videto, DeVries, DeGraaf, Fortress, Short
NAYS: None
Adopted: March 13, 2000
Effective: April 21, 2000
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