|
Graffiti
Reducing graffiti requires a partnership of private citizens, business owners, youth groups, schools, neighborhood associations, crime watch groups, the police, courts and most importantly parents.
|
Graffiti is a crime that costs our nation billions of dollars every year. Graffiti reduces property values and drives away businesses, customers and jobs. Gang related or not, graffiti makes the community look unsafe. It sends a message that someone other than the residents and the City are in control here. This encourages other crime and can lead to the decline of a whole neighborhood.
The good news is that with a little bit of focus and some effort, together we can reduce the negative impact of graffiti on our community. This type of collaborative effort has been successful in cities all across America!
Does graffiti mean I have gangs in my neighborhood?
Not necessarily. Although gangs do use graffiti to communicate, most graffiti is not gang related.
There are three basic types of graffiti:
- Graffiti done by “taggers” or “tagging crews” (people who consider graffiti their art form);
- Graffiti done by vandals;
- Gang-related graffiti.
How can I tell the difference between these three types of graffiti?
You probably can’t. One type of graffiti usually looks much like another. Gangs and taggers alike use their own preferred colors, signatures, symbols or names. Vandal graffiti is often obscene and anonymous. These are very general descriptions and any type of graffiti may take on the characteristics of the other types. The content being communicated is not generally discernible to the average person.
My fence keeps getting painted with graffiti. Does this mean I've been targeted by a gang?
Probably not. Most graffiti should not be taken personally. If you have graffiti on your property, it may simply be that your property is convenient to paint on. Don't assume you've been singled out. Also, do not be afraid to remove the graffiti from your property. Graffiti writers almost never retaliate against property owners. You should, however, report incidents of graffiti on your property to 911. This will generate a police report and help the department track activity patterns. That, in turn, influences their decisions on how to deploy their resources. Finally, experience shows that when graffiti is swiftly removed, within 48 hours of its occurrence, it is less likely to show up again in the same location.
What should I do if I see someone painting graffiti?
Call 911 and be a good witness. Do not try to confront someone painting graffiti. Whether or not it is a gang or a gang member, the person doing it is willfully violating the law and should be considered potentially dangerous. Call 911. Keep watching the person until the police arrive and provide as much information as possible about what you observed. The police will handle it.
If someone is caught painting graffiti will they be arrested, and what is the punishment?
Yes, they can be arrested and booked just like any other criminal. The punishment for someone convicted of graffiti depends on the amount of damage caused. The minimum penalty, for damage under $500, is a Class B misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000. For damage to property such as a school, place of worship or burial, public monument, or community center, and the amount of damage is less than $20,000, the penalty is automatically enhanced to a State Jail Felony punishable by between 180 days and 2 years in jail, and/or a fine up to $10,000. The maximum penalty, for damage of $200,000 or more, is a First Degree Felony, punishable by a minimum of five years in prison and a fine of up to $10,000 (Texas Penal Code, 28.08).
What are the current New Braunfels City Ordinances related to graffiti and the timeframe for abatement or removal?
Chapter 50, ARTICLE II-NUISANCE ABATEMENT, DIVISION II-CONDITION OF PREMESIS of the current City of New Braunfels Code of Ordinances (August 11, 2008) applies to graffiti. Specific Sections are listed below.
Sec. 50-56. Definitions
Graffiti means any unauthorized form of painting, scratching, writing or inscription, including, without limitations, initials, slogans, or drawings. Regardless of the content or nature of the material that has been applied to any wall, building, fence, sign or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person.
Sec. 50-57. Prohibited accumulations; litter; weeds; graffiti; duty of property owner, occupant.
(a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to permit or allow any filth, carrion, weeds, rubbish, junk, trash, waste products, brush and refuse, graffiti, impure or unwholesome matter of any kind, objectionable, unsightly or insanitary matter of whatever nature to accumulate or remain thereon. Such accumulations and conditions are hereby declared a public nuisance, the prompt abatement of which is a public necessity.
(e) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to permit graffiti. Whenever, the existence of graffiti on any lot or parcel of real estate situated in the city shall come to the attention of the health official or his designee, such official may cause a written notice identifying the graffiti and directing its removal to be delivered to the owner of the property, provided that the time allowed in the notice for abatement of the nuisance shall not be less than 15 days.
Sec. 50-59. Unlawful noncompliance; filing of complaint; fines.
It shall be unlawful for the owner or tenant of any land within the city to fail to have any weeds, grass, brush, rubbish graffiti, mowed, cut, removed, or otherwise fail to bring their property into compliance with the standards set forth in section 50-57 within 15 days after notice is mailed or published, directing that such standards be met; the fire marshal or any code compliance officer or any fire inspector assigned such duties may, whenever a violation is found, file a complaint with the municipal court and/or issue citations; and the prosecutor of the municipal court assigned such duties shall prosecute the case, and upon conviction for violation of this division the owner shall be fined in accordance with the following:
(1) First offenses shall have a minimum fine of $100.00 and a maximum fine of $2,000.00.
(2) Second offenses shall have a minimum fine of $200.00 and a maximum fine of $2,000.00.
(3) Third and subsequent offenses shall have a minimum fine of $500.00 and a maximum fine of $2,000.00.
Each day's violation of this division shall constitute a separate offense.
Sec. 50-60. Abatement by city; payment of costs by owner; lien imposed for nonpayment; removal of trees for access; owner's right to appeal.
a) In addition to the remedy provided for in section 50-59, the city may also cause the work necessary to bring any property into compliance with this division to be done if the owner fails either to do such work or cause the work to be done within 15 days from the date of notice or publication, and to charge the owner for the costs incurred by the city. A statement of the costs incurred by the city to abate such condition shall be mailed to the owner of such property, if the owner and mailing address is known, and if not known, may be published in the New Braunfels Herald-Zeitung or other local newspaper having at least weekly issues. The statement shall demand payment within 30 days from the date of receipt or publication.
(b) If the statement of costs served or published pursuant to this section is not paid within such period, the mayor, local health authority or a city official designated by the mayor may file with the county clerk a statement of the expenses incurred to abate and correct such condition on the premises, to be filed in the deed records, and such statement shall be and the city shall have a privilege lien upon the lot, parcel, or tract of land upon which such expenses were incurred, second only to tax liens and liens for streets improvements, together with ten percent interest per annum on the delinquent amount from the date such payment was due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work.
(d) Prior to the filing of a complaint in the city's municipal court for violation of the standards set out in this division, any affected landowner, tenant or occupant shall have the right to appeal to the building board of appeals to protest any of the following:
(1) The determination that the property is in violation of standards set out in this division;
(2) The cost to rectify the situation;
(3) The adequacy of the notice; or
(4) Whether a lien should be placed on the property.
Is it illegal for minors to purchase spray paint?
Yes, businesses that sell products marked "vapor harmful", including spray paints, are required to prominently display a sign that reads: "It is unlawful for a person to sell or deliver an abusable volatile chemical to a person under 18 years of age. Except in limited situations, such an offense is a state jail felony." (see Texas Health & Safety Code, 485 for the full statute)
How can I help clean up graffiti in New Braunfels?
Citizens can help clean up graffiti in a variety of ways. The New Braunfels Polcie Department in conjunctions with the New Braunfels Citizens Police Acadamy Alumni Association routinely sponsor "paint parties" where volunteer city employees and community members come together to abate graffiti in New Braunfels. All the paint to abate the graffiti is provided by private monetary or paint donation.
Anyone wishing to make a monetary donation to the program can make their donation in the Police Department Lobby during normal business hours. Please make checks payable to the "New Braunfels CPAAA" and write "Graffiti Abatement" on the check memo line. The NB CPAAA is a 501c3 non-profit organization and all donations are tax deductible. A receipt for the donation will be provided.
You can also donate paint to be placed in our donated paint supply. During graffiti abatement we use mainly nuetral colors. Please contact NBPD Sgt. Craig Christopherson at (830)221-4122 to find out which colors you can donate and to arrange a time to drop off your paint donation.
Citizens can also volunteer to assist when we host a "paint party." Please watch for our announcements in the Herald-Zetung and on KGNB radio of when we will host our next abatement "paint party."
If you see Graffiti outdoors and in public view anywhere in the City of New Braunfels
— Call 911 - ONLY if the crime is in progress
— Call (830) 221-4100 or click here to report graffiti online
— Give your name and contact information
— Exact Address of graffiti (Example: Fence faces Walnut Ave but home address is 1100 Cross St).
— Name of Business (If applicable).
— Provide a detailed description of anyone you saw committing the crime.
— Type of Surface – Painted or Natural Brick or Wood.
— If Graffiti has foul language or is hate or race related.
CLICK HERE to download the New Braunfels Police Department Citizen's Guide to Graffiti (large file, download speed may be slow)
|
|
|
|