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ORDINANCE NO. 16,436 •
AN ORDINANCE PROHIBITING THE APPLICATION
OF GRAFFITI ON PUBLIC OR PRIVATE PROPERTY
AND AUTHORIZING THE CITY TO REMOVE
GRAFFITI FROM PUBLIC OR PRIVATE
STRUCTURES, DECLARING AN EMERGENCY, AND
FOR OTHER PURPOSES.
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WHEREAS, the Little Rock Board of Directors' efforts to
preserve property values, deter illegal activity, and protect
the aesthetic character of the City's neighborhoods are
continuously thwarted and hampered by the existence of graffiti;
and
WHEREAS, the defacing of public and private buildings, and
other structures, adversely affects property values and economic
development within those areas; and
WHEREAS, gang - related graffiti often serves as a
glorification of past illegal activity, as well as a notice of
future gang infiltration; and
WHEREAS, the existence of gang - related graffiti is
detrimental to the well -being and safety of children who must
attend school or daycare facilities located near buildings,
public or private, which are covered with such graffiti; and
WHEREAS, the existence of gang - related graffiti promotes
the impression that gang members control certain neighborhoods,
that local law enforcement agencies are unable to curtail gang
activity, and that neighborhood reporting of suspected gang
activity is ineffective.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. PURPOSE AND INTENT. It is the purpose and intent
of the City Board of Directors, through the adoption of this
chapter, to provide additional enforcement tools to protect
public and private property from acts of vandalism and
defacement; especially, but not limited to, graffiti on
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privately and publicly owned walls, which is inimical and
destructive to the rights of private property owners as well as
the total community. It is further the intent of the City Board
of Directors, through the adoption of this ordinance, to serve
notice upon all of those who disregard the property rights of
others, that the enforcement agencies of the City, both the
police department and the City Codes department, will strictly
enforce the law and pursue prosecution against those persons
engaging in the defacement of public and private properties.
SECTION 2. DEFINITION. Graffiti. As used in this ordinance,
^graffiti° means any inscription, word, figure, or design that
is marked, etched, scratched, drawn, painted, pasted or
otherwise affixed to or on any structural component of any
building, structure, or other permanent facility regardless of
the nature of the material of that structural component, or the
nature of the inscription, to the extent that the same was not
authorized in advance by the owner, or, is otherwise deemed to
be a public nuisance.
SECTION 3. UNLANFUL TO APPLY GRAFFITI. It shall be unlawful
for any person to apply graffiti on any public or privately
owned structure located on public or privately owned real
property within the City.
Removal Provisions. The existence of graffiti within the
City limits of the City of Little Rock is hereby declared to be
a public and private nuisance, and may be abated according to
the provisions and procedures contained herein or according to
the provisions on nuisance abatement. Little Rock, Ark., Rev.
Code § 20 -2 (1988).
A. Right of City to Require Removal by Property Owner. It
shall be unlawful for any person who is the owner or who has
primary responsibility for control of property or who has
primary responsibility for the repair or maintenance of property
(NResponsible Party°) to permit property which is defaced with
graffiti to remain so defaced for a period of thirty (30) days
after notice by the City that the property is defaced with
graffiti of same, unless:
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(1) said person shall demonstrate by a preponderance of
evidence that they do not have the financial or physical ability
to remove the defacing graffiti; or
(2) it can be shown that the "Responsible Party" has an
active program for the removal of graffiti and has scheduled the
removal of the graffiti as part of that program, provided, that
in the event a removal program exists it shall be unlawful to
permit such property defaced with graffiti to remain so defaced
for a period of forty -five (45) days.
B. Right of City to use public funds to remove.
1. Use of Public Funds. Whenever graffiti located on public
or privately owned property is viewable from a public place
within the City, the City Manager, or his designee, may direct
the use of public funds for the removal of same, or for the
painting or repairing of same, provided that the City Manager
shall not authorize or undertake to provide for the painting or
repair of any more extensive area than that where the graffiti
is located. If the City Manager, or his designee, determines in
writing that a more extensive area is required to be repainted
or repaired in order to avoid an aesthetic disfigurement to the
neighborhood or community and the Responsible Party deposits
monies to pay for the costs of repainting or repairing, a more
extensive area may be repainted.
2. Right of Entry on Private Property. If after proper
notice a Responsible Party fails to remove graffiti within the
time specified in this ordinance, the City shall have the right
to enter upon any property for the limited purpose of removing
graffiti that is within the public view in accordance with the
provision in Chapter 20, article II.
SECTION 4. PENALTIES FOR VIOLATION. Any person convicted of
a violation of any of the provisions of this chapter shall be
punished as provided in section 1 -9, in addition, the person
shall be required to pay the actual costs of graffiti removal,
or five hundred dollars ($500) whichever is greater.
SECTION 5. EMERGENCY CLAUSE. The ability to expeditiously
remove graffiti, especially gang - related graffiti, is essential
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to protection of the public health, safety and welfare. An
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2 emergency is therefore declared to exist and this ordinance
shall be in full force and effect from and after the date of its
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5 PASSED: June 1, 1993
6 ATTEST: APPROVED:
9 CITY CLERK MAYOR
10 7=1 TO FORM:
11 TQ ^
THOMAS M. 12 CITY ATTORNEY
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