HomeMy WebLinkAbout115 - 09/20/2011 - ADDING A NEW SECTION IN ARTICLE VII OF CHAPTER 17 OF THE CITY CODE PERTAINING TO GRAFFITI CRIMES f "
ORDINANCE NO. 115, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADDING A NEW SECTION IN ARTICLE VII OF CHAPTER 17
OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO GRAFFITI CRIMES
WHEREAS,Fort Collins Police Services("FCPS")and City staff have observed an increase
in the number of incidents of graffiti in the City over the past few years; and
WHEREAS, FCPS recommends adding the proposed new sections to the City Code
regulating graffiti to address the increasing incidents of graffiti; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
approve the addition of these sections to the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Code of the City of Fort Collins is hereby amended by the addition of new
Sections 17-135, 17-136, and 17-137, which read in their entirety as follows:
See. 17-135. Definitions.
The following words, terms and phrases, when used in this Division shall have
the meanings ascribed to them in this Subsection:
Broad tipped marker pen shall mean a felt-tip marker, or similar implement
containing a fluid which is not water soluble,with a tip that exceeds one-quarter(1/4)
inch in width.
Glass etching tool or instrument shall mean any device or product used for
engraving or creating a frosted effect on any surface or delivering a solution to any
surface in order to create an image, or any container of such solution, including,but
not limited to, glass etching creams or solutions.
Paint pen shall mean a tube, marker, or other pen-like instrument with a tip of
one-quarter(1/4)inch in diameter or less that contains paint or a similar fluid and an
internal paint agitator.
Prohibited graffiti material shall mean any can of spray paint,spray paint nozzle,
broad tipped marker pen, paint pen, glass cutting tool, or glass etching tool or
instrument.
Spray paint shall mean any aerosol container that is made or adapted for the
purpose of applying paint or other substance capable of defacing property.
Spray paint nozzle shall mean a nozzle designed to deliver a spray of paint of a
particular width or flow from a can of spray paint.
See. 17-136. Possession of graffiti materials by minors prohibited.
(a). It shall be unlawful for any minor, except a minor under the direct
supervision of the minor's parent, legal guardian, school teacher, or a law
enforcement officer in the performance of duty,.to purchase,procure, or possess, or
attempt to purchase, procure, or possess, any prohibited graffiti material.
(b) It shall be an affirmative defense to charges under this Section that the
minor possessing the material was:
(1) within his or her home;
(2) at his or her place of employment; or
(3) .upon real property with permission from the owner, occupant, or person
having lawful control'of such property, to possess such materials.
See. 17-137. Possession of graffiti materials prohibited.
(a) It shall be unlawful for any person to possess graffiti materials.
(b) A person possesses graffiti materials when he or she possesses any paint,
marking pen, materials, instrument or other article adapted, designed or commonly
used for committing or facilitating the commission of an offense involving damaging,
defacing, or destroying public or private property, and intends to use the thing
possessed in the commission of such offense, or knows that some other person
intends to use the thing possessed in the commission of such an offense.
(c) Defacing as used in subsection (b) above shall include, but not be limited
to,the writing, painting, inscribing,drawing, scratching or scribbling upon any wall
or surface owned,operated or maintained by any person or the city unless the city or
the property owner grants written permission for such writing, painting, inscribing,
drawing, scratching or scribbling.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
September, A.D..2011, and to be presented for final passage on the 20th day of September, A.D.
2011.
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f O R T C �L(/iGI.T� �,,....,,• O!
•,� ayor
ATTEST: • .Z
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City Clerk COLORPDO
Passed and adopted on final reading on the 20th day of September, A.D. 2011.
Mayor
ATTEST: F FOR
Chief Deputy City Clerk
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