AN ORDINANCE TO AMEND SECTION 15.01 AND TO CREATE SECTIONS 7.24(12) AND
15.09 OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT REGARDING THE
ABATEMENT OF GRAFFITI AND THE SALE OF SPRAY PAINT AND WIDE-TIPPED MARKERS
The City Council of the City of Beloit, Rock
County, Wisconsin do ordain as follows:
Section 15.01 of the Code of General Ordinances of the City of Beloit, is
hereby amended to include the following, in numerical order, in the list of
Wisconsin Statutes adopted by reference:
Section 7.24(12) of the Code of General Ordinances of the City of Beloit
is hereby created to read as follows:
“(12) GRAFFITI ABATEMENT.
(a) REAL PROPERTY.
Definition of ‘Graffiti’.
When used in this subsection, the term ‘graffiti’ shall have the
meaning prescribed by section 15.09 of the city ordinances.
Public Nuisance. The existence of graffiti on any real property
within the city is expressly declared to be a public nuisance affecting public
health, safety and welfare.
Graffiti Prohibited. No owner of any real property within the city
shall allow any graffiti to remain upon any structure located on the owner’s
property when the graffiti is visible from the street or from other public or
Notification of Violation. Whenever the Division of Housing
Services determines that graffiti on any building or structure within the city
is visible from the street or from other public or private property, the
Division of Housing Services shall issue an order to the owner of the property
to abate the graffiti in a timely manner. Such order shall be issued in
compliance with the requirements of sections 7.10 to 7.12 of this chapter.
Compliance. A property owner shall be deemed to have complied with
an order to abate graffiti if it is obliterated by a primary paint and matching
building paint or by such other means as shall obliterate the graffiti. If paint
is used to obliterate graffiti, the paint shall be applied in the manner
required by section 7.24(3)(b) of this code.
Failure to Comply. If the property owner fails to comply with the
order to abate the graffiti, the Division of Housing Services may cause the
graffiti to be abated either by city employees or by independent contractor. The
city and the independent contractor are expressly authorized to enter upon the
property and abate the graffiti upon exterior walls, fences, billboards and
other structures abutting public streets, property or right of way. The city or
private contractor will take all reasonable precautions to avoid causing damage
to the property where the graffiti is abated. Any paint used to obliterate
graffiti shall be as close as practicable to the background color or colors in
the area where the graffiti is abated. The cost of abating the graffiti shall,
pursuant to section 66.0627, Wis. Stats., shall be imposed as a special charge
against the real property for the cost of the services provided. If the special
charge is not paid within 30 days, the special charge shall be deemed
delinquent. A delinquent special charge shall be a lien against the property as
of the date of delinquency. The delinquent special charge shall be included in
the current or next tax roll for collection and settlement under Chapter 74,
(b) SOLID WASTE CONTAINERS.
Each licensed solid waste hauler or applicant for solid waste hauler’s
license shall submit a plan for ongoing and scheduled removal of graffiti from
solid waste containers. The plan shall be attached to the application for a
hauler’s permit issued pursuant to section 17.06(19) of the city ordinances.
The plan shall include a fax number and the name of the administrator
responsible for the applicant’s solid waste containers.
Each solid waste container shall be clearly marked noting the name and
phone number of the company responsible for maintenance of the container.
Graffiti on solid waste containers shall be removed within 3 working days
following notification by the Division of Housing Services or within 3 working
days of the last time the container is emptied, irrespective of any plan
submitted under paragraph (b).”
Section 15.09 of the Code of General Ordinances of the City of Beloit is
hereby created to read as follows:
SALE OF SPRAY PAINT AND WIDE-TIPPED MARKERS TO MINORS PROHIBITED.
(1) DEFINITIONS. In this
‘Graffiti’ means any inscription, work, figure or design marked,
scratched, etched, drawn or painted with spray paint, liquid paint, ink, chalk,
dye or other similar substances on buildings, fences, structures and similar
places without the express permission of the owner or operator of the property.
‘Indelible’ means making marks that cannot be easily removed by
washing or erasing.
‘Spray paint’ means any container, regardless of the material from
which it is made, which is made or adapted for the purpose of spraying paint.
‘Wide-tipped marker’ means any indelible marker or similar
implement with a tip which, at its broadest length, width, or diameter, is 1/4
inch or greater.
(2) PROHIBITED CONDUCT.
Sale of Spray Paint and Wide-Tipped Markers to Minors. No person,
firm or corporation, except a parent or legal guardian, employer, teacher or
other person authorized to supervise minors, may sell or give away or in any way
furnish spray paint or wide-tipped markers to any person under the age of 18.
Possession of Spray Paint and Wide-Tipped Markers. No person under
the age of 18 may possess spray paint or wide-tipped markers in a public or
private place without the express permission of the owner or operator of the
(3) DISPLAY OF SPRAY PAINT AND WIDE-TIPPED MARKERS.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling spray paint or wide-tipped markers shall:
Place a sign in clear view at or near the display of such products
stating: GRAFFITI IS AGAINST THE LAW. THE DEFACING OF PUBLIC OR
PRIVATE PROPERTY IS PUNISHABLE BY A FINE OF UP TO $5,000 OR IMPRISONMENT FOR UP
TO 90 DAYS.
Place a sign in the direct view of persons responsible for accepting
customer payment for spray paint, wide-tipped markers stating: SELLING SPRAY
PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER 18 YEARS OF AGE IS AGAINST THE
LAW. VIOLATORS CAN BE FINED UP TO $500, PLUS COURT COSTS.
Display such paint or markers in such a manner as to make them
inaccessible to a customer present in the area allocated for customer use
without assistance from an employee of that establishment.
Display such items, if the person chooses not to comply with the display
requirements set forth in par. (c), such that mirrors, cameras or personnel can
readily observe customers during all times such establishment is open to the
person convicted of violating any provision of this section shall be subject to
a penalty as provided in section 25.04 of the Code of General Ordinances of the
City of Beloit.”
This ordinance shall be in force and take effect upon passage and
this day of ,
BELOIT CITY COUNCIL
William B. Watson, President
Carol S. Alexander, CMC, City Clerk