Ord No 05-10-2030ORDINANCE NO. 05-10-2030
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF. SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI
CODE OF ORDINANCES BY REVISING CHAPTER 15, ARTICLE III
SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF
REAL PROPERTY" IN ORDER TO MAKE MALICIOUS MARKING AND
PLACEMENT OF GRAFFITI ON PERSONAL PROPERTY UNLAWFUL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received complaints that graffiti is appearing on personal
property which items are viewable by the public and are often offensive and visually distracting;
and
WHEREAS, the City of South Miami Code of Ordinances, Section 15 -100 entitled
"Malicious defacement, marking of real property" does set forth regulations which makes it
unlawful to deface, mark or place graffiti on any building, wall, telephone booth, bus bench or
public ways with drawings, writing, or painting without the consent of the property owner; and
WHEREAS, it would be appropriate and in the public interest and safety to amend the
South Miami Code of Ordinances in order to expand the prohibition against malicious marking
and graffiti on tangible items which are classified as personal property; and
WHEREAS, the amendment would assist code enforcement officers to remove graffiti on
such items as dumpsters, boats, trailers, storage containers, vehicles and signs which are not part
of a building or structure, and are often defaced; and
WHEREAS, the South Miami Code of Ordinances, Section 15 -100 entitled "Malicious
defacement, marking of real property" should be amended to make it unlawful to deface, mark or
place graffiti on any personal property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves amending Chapter 15, Article III
Section 15 -100 of the City's Code of Ordinances entitled "Malicious defacement, marking of real
property" by making the following amendments:
Chapter 15 OFFENSES AND MISCELLANEOUS PROVISIONS
Ord. No. 05 -10 -2030 2
Article III. NOISE
Sec. 15 -100. Malicious defacement, marking of real property.
(a) Notwithstanding any city code provision to the contrary, it shall be unlawful for any person to
maliciously, wantonly or without the knowledge and consent of the owner to mark, deface,
damage or destroy by writing, painting or drawing any inscription, figure or mark of any type on
the exterior or interior, including walls and appurtenances, of any public or private building,
telephone booth, bus bench, public way, church, synagogue, or school, or on any personal
property.
(b) Notwithstanding any city code provision to the contrary, it shall be unlawful for any person
to willfully or maliciously affix or attach, by any means whatsoever, upon or in any place of
abode, municipal recreational area or facility, office, telephone booth, bus bench, store, public
building or way, church, synagogue, school or other building constructed or used for religious or
educational purposes; or upon any wall or appurtenance, or on any personal property, felt -tip,
indelible marker, crayon, chalk, ink, sign, poster placard, adhesive stickers, or any implement
containing non - water- soluble fluid with unlawful intent. Unlawful intent shall mean:
(1) To damage, deface, design, mark or defile such place of abode, municipal recreational area or
facility, telephone booth, bus bench, office, store, public building or way, church, synagogue,
school, or on any personal property or other building constructed or used for religious
educational purposes; or
(2) To defame with words or symbols any person occupying or using same.
(c) Notwithstanding any city code provision to the contrary, no person shall intentionally deface
without authorization of the owner or tenant any private or public premises or property primarily
used for religious, educational, residential, memorial, recreational, charitable, cemetery or
utilitarian purposes, or for assembly by persons of a particular race, color, creed, sexual
orientation or religion, by placing material thereon, including symbols, objects, caricatures, an
appellation, a burning cross or a Nazi swastika, or graffiti thereby exposing or tending to expose
another to risk of violence, contempt or hatred on the basis of race, color, sexual orientation, creed
or religion.
(d) Notwithstanding any city code provision to the contrary, violation of subsections (a), (b), and
(c) of this section shall be punishable by a fine of not more than two hundred fifty dollars
($250.00) for a first offense and a fine not to exceed five hundred dollars ($500.00) for a second
or each subsequent offense.
(e) Whenever the city becomes aware of the existence of graffiti on any property, including
structures or improvements within the city, or on any personal property, a code enforcement
officer is authorized, upon such discovery, to give, or cause to be given, notice to remove or
effectively obscure such graffiti within the time period enumerated in the notice, to the owner,
agent or manager who shall cause the graffiti to be removed or effectively obscured by any means
so long as it is completely obliterated, painted or touched up with the same or similar color of
existing paint and/or texture of the original wall, fence, siding or part of the structure afflicted.
Ord. No. 05 -10 -2030
3
Persons needing information and/or assistance in curing a graffiti violation may contact the
Metropolitan Dade County "graffiti hotline." Persons not responsible for causing graffiti but
responsible for curing it, who cannot afford to obliterate, paint or touch up such graffiti with the
same color of existing paint of the original wall, fence, siding or part of the structure affected and
who receive paint or assistance from the Metropolitan Dade County agency known as "graffiti
hotline" shall obliterate, paint or touch up graffiti on the property with paint as similar in color as
can be provided to the wall, fence, siding or part of the structure afflicted.
(f) It shall be unlawful for any person or firm owning property, acting as manager or agent for
the owner of property, or in possession or control of property to fail to remove or effectively
obscure any graffiti from such property within seventy two (72) hours of confirmation of thi"
(40- 'ayis � receipt of the notice described in subsection (e) or within the time period
enumerated in the notice, whichever is later. If the person or firm owning such property, acting as
manager or agent for the owner of such property, or in possession or control of such property, fails
to remove or effectively obscure the graffiti within the time period enumerated above, the city
shall issue a citation pursuant to section 2 -25 of this Code and fines shall be assessed against the
property until it comes into compliance.
(g) Any person or firm owning property, acting as agent or manager for the owner of such
property, or in possession or control of such property, who commits a violation of subsection (e)
above, shall be punished by a fine of two hundred fifty dollars ($250.00) for a first offense, and
five hundred dollars ($500.00) per offense, thereafter.
(h) In an appeal to the special master, the special master may take into consideration, when
deciding to mitigate the fine amount, the efforts taken by the violator, if any, to remove or
effectively obscure the subject graffiti in a timely manner and how often the violator has been
victimized by graffiti during the preceding calendar year. The provisions of this section shall not
apply to a property owner, manager, agent, or possessor of property if, in the sole determination of
the special master, such property owner, agent, manager, or possessor has been victimized two (2)
or more times by graffiti within any calendar year, and, during such time, has removed or
effectively obscured such graffiti from the property in a timely manner.
(i) The city may institute a civil action in a court of competent jurisdiction to recover
compensatory and punitive damages, including reasonable costs and expenses, for any damage
caused to city -owned property located within the city limits of South Miami as a result of
violations of subsections (a), (b) or (c) of this section.
(Ord. No. 1926, § 1, 9 -4 -07)
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Ord. No. 05 -10 -2030
0
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2nd, day of February, 2010
ATTEST: APPROVED:
QhLE A OR
1St Reading: 1/26/10
2nd Reading: 2/2/10
READ AN APPROVED AS TO FORM
ANDS F IENCY: COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
ice Mayor Beasley:
Yea
-- r+ -� Commissioner Palmer:
Yea
CITY ATTORNEY 4x Commissioner Newman:
Yea
Commissioner Sellars:
Yea
X: \Comm Items\2010 \1 -26 -10 \City Code Amend Graffiti Ord.doe
South Miami
A9- AmericaCflv
CITY OF SOUTH MIAMI , r
OFFICE OF THE CITY MANAGER 2001
INTER - OFFICE MEMORANDUM
To: The honorable Mayor Feliu and Members of the T 1' Commission
Via: Roger M. Carlton, Acting City Manager ud e
From: Thomas J. Vageiine, Director
Planning and Zoning Department
9.
Date: January 2b, 2010 ITEM No
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI
CODE OF ORDINANCES BY REVISING CHAPTER 15, ARTICLE III
SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF
REAL PROPERTY" IN ORDER TO MAKE MALICIOUS MARKING AND
PLACEMENT OF GRAFFITI ON PERSONAL PROPER'T'Y UNLAWFUL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
In recent months the City has received complaints that graffiti is appearing on personal, property
which items are viewable by the public and are often offensive and visually distracting. City of
South Miami Code of Ordinances, Section 15 -100 entitled "Malicious defacement, marking of real
property" does set forth regulations which makes it unlawful to deface, mark or place graffiti on
any building, wall, telephone booth, bus bench or public ways with drawings, writing, or painting
without the consent of the property owner. It would be appropriate and in the public interest and
safety to amend the South Miami Code of Ordinances in order to expand the, prohibition against
malicious marking and graffiti on tangible items which are classified as personal property.
This amendment would assist code enforcement officers to remove graffiti on such items as
dumpsters, boats, trailers, storage containers, vehicles and signs which are not part of a building or
structure, and are often defaced.
PROPOSED LEGISLATION
It is proposed that South Miami Code of Ordinances, Section 15 -100 entitled "Malicious
defacement, marking of real property" be amended to include the wording "on any personal
property" in several paragraphs within that section. This would expand the prohibition against
graffiti to objects and property which are not on a building, a structure or wall. The actual wording
of the amendment is contained in the attached draft ordinance.
RECOMMENDATION
It is recommended that the attached draft ordinance be approved on first reading.
Attachments:
Draft Ordinance
Copy of Public Notices
TJ VISA Y
X VComm ItemA2 0 1 011- 2 6- 1 01Ctty Code Amend Graffiti CM Report doe
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Mlami.Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personalty appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 2/2/2010
in the XXXX Court,
was published in said newspaper in the issues of
01/22/2010
Aff iant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published In said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertiseme.�0t for publication in the said
paper. 7
news
Sworn to and subscribed before me this
t.l
• Y
V. PEREZ personally known to me
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