TEXAS GRAFFITI STATUTES 

13.40.030 Possession of a marker by a minor. 

A.     It is unlawful for a minor to possess a marker

B.     It shall be an affirmative defense to prosecution under this section that the minor was furnished with the marker by his or her parent or guardian or by another person for use in the minor’s employment or in connection with a school, civic or religious activity, and the minor was supervised by such parent, guardian, or other person who regained the marker from the minor immediately upon completion of the minor’s use of the marker (Ord. 12965 4, 1996) 

13.40.040 Possession of aerosol containers of paint by minors. 

A.     It is unlawful for a minor to possess an aerosol container of paint

B.     It shall be an affirmative defense to prosecution under subsection A of this section that. 

1.      The minor possessed the aerosol container of paint in connection with a use in accordance with its intended purpose;

2.      An adult having supervisory responsibility over the minor provided the minor with the aerosol container of paint;

3.      The minor’s possession and use of the aerosol container of paint took place under such adult’s direct supervision and in such adult’s presence; and

4.      The adult regained the aerosol container of paint from the minor immediately upon completion of the minor’s use of the aerosol container of paint. (Ord. 12965 5 (part), 1996) 

13.40.050 Possession of aerosol containers of paint and markers in public areas 

A.     It is unlawful for any person age eighteen or older to possess an aerosol container of paint or a marker on the property of another or in any public building or upon any public facility,other than on the premises of the person’s employer.

B.     It shall be an affirmative defense to prosecution under subsection A of this section that the owner, manager, or other person having administrative or other control of the property, building, or facility consented to the presence of the aerosol container of paint or marker. (Ord. 12965 6, 1996) 

Chapter 15.08 Street Rentals 

A.     Where applicable.  The city may grant a special privilege license for use of public right-of-way.  For purposes of this section, the term “public right-of-way” means that area within a public street or alley, including the sidewalk, parkway and roadway surface, whether paved or unpaved, and the area within a public easement or right-of-way for drainage or other purposes.  Where a use is proposed on public right-of-way designated as a state or federal highway or road, approval from the Texas Department of Transportation shall be required prior to execution of the special privilege license by city council.

B.     Types of Encroachments.  Any one or more of the following activities, improvements, facilities or uses on public right-of-way may be granted a special privilege license: 

1.      Aerial Encroachments. 

a.       An awning, canopy, marquee, or sign:

b.      Security roll-up door; provided that the grill is screened by a canopy, awning or other structure;

c.       Temporary banners placed over streets;

d.      A pedestrian skywalk;

e.       Other overhead encroachments not specified herein. 

2.      Surface Encroachments.

a.       A sidewalk café containing removable removable chairs, planters or related appurtenances;

b.      Ornamental gates, columns or other ornamental works of iron, wood, masonry, earth or other materials denoting the entrance to a neighborhood or subdivision; provided, that such improvements may display the name of the subdivision or neighborhood but shall contain no commercial advertising or other signage;

c.       A taxi-stand provided it complies with the provisions of Chapter 6.16 (Taxicabs) of this code;

d.      Supportive or decorative columns, arches or other structural or decorative features of any historically significant building or structure;

e.       An off-street parking area which is not needed to satisfy a required off-street parking requirement when vacation of the public right-of-way is not in the best interest of the public;

f.        A temporary street closing exceeding twenty-four hours, for less than a one year term.  Applications for temporary street closings must be submitted for consideration at least five weeks prior to the proposed closing;

g.       A temporary street closing for less than twenty-four hours when the proposed closing is adjacent to property zoned for commercial use;

h.       A building or other structural encroachment when vacation of the public right-of-way is not in the best interest of the public;

i.         An outdoor pay telephone, including outdoor pay telephone booths and stands, drive-up and walk-up units, or outdoor pay telephones which are affixed to the exterior walls of a building or structure, and which may be self-service, coin-operated or credit card-operated available at all hours of the day for use by the general public.  A telephone company holding a duly executed franchise, service agreement or contract with the city permitting use of the public rights-of-way for the installation of outdoor pay telephones shall not be subject to the requirements of this section.  Outdoor pay telephones as herein regulated shall comply with the terms and conditions of the special privilege license and all of the following; 

(A)   Location.  In determining whether to approve the installation of an outdoor pay telephone at a particular location, the city shall consider the following factors: 

(1)   Possible obstruction of pedestrian and vehicular traffic,

(2)   The existence or lack of other outdoor pay telephones in the vicinity of the proposed location (s) on public or private property,

(3)   The size of the telephone and any booth, stand or pole accompanying the telephone,

(4)   The ability to provide access to the outdoor pay telephone by persons with disabilities, and

(5)   The proliferation of visual clutter that may be casued if the outdoor pay telephone is installed in the proposed location.  For purposes of this subsection, such visual clutter shall include, but not be limited to, trash receptacles, benches and other street furniture, signs, and building appurtenances, located near or at the site of the proposed outdoor pay telephone. 

(B)   Spacing and Other Requirements.

(1)   An outdoor pay telephone shall only be permitted to be located within a parkway, where a sidewalk is provided having a minimum clear width of four feet of all encroachments, and where safe and unobstructed pedestrian access is provided.

(2)   No more than two outdoor pay telephones per facing block per telephone company shall be permitted, except that in no case shall more than eight outdoor pay telephones regulated under this section be permitted on any facing block.  For purposes of this requirement, a facing block shall be the right-of-way of a street bounded by the intersection of other streets, or by a combination of streets and public land, railroad rights-of-way, water ways, or any other barrier to the continuity of development.  Clusters of no more than four outdoor pay telephones shall be permitted at any location.  Locations shall be staggered to reduce congestion.

(3)   No portion of an outdoor pay telephone sahll be within a five-foot radius of a fire hydrant, curb ramp, water meter, cross-connection control device, valve cover, or manhole.

(4)   No portion of an outdoor pay telephone shall be within the area defined by the extension of the property lines in both directions and the curbline from an intersection.

(5)   No portion of an outdoor pay telephone shall be located within the parkway adjacent to any loading zone, no parking zone or bus stop.

(6)   No portion of an outdoor pay telephone shall be located within three feet of any portion of an existing parking meter, traffic sign or other traffic control device.

(7)   No portion of an outdoor pay telephone shall be closer than twenty-four inches to the face of the curbline.

(8)   No portion of an outdoor pay telephone shall block or otherwise impede a building entrance, exit, fire escape or driveway.

(9)   No portion of an outdoor pay telephone shall be allowed in an area that is not well-lighted at all times.

(10)           No portion of an outdoor pay telephone shall be located within ten feet of the property line of any property devoted in whole or in part to a residential use within the downtown area, which is defined as the area bounded by Yandell Street, Kansas Street, Border Highway and Santa Fe Street.  Outside of the downtown area, an outdoor pay telephone shall be located at least one hundred feet from the property line of any property devoted in whole or in part to a residential use.

(11)           No portion of an outdoor pay telephone shall be used for advertising signage or publicity of any sort, except that a telephone company logo or name may be permitted.

(C)   Installation and Maintenance. 

(1)   An outdoor pay telephone installed in accordance with this section shall at all times be properly functioning and free of danger of electrical shock.

(2)   Outdoor pay telephones shall be maintained clean, neat and in an attractive condition, and shall be as free of rust and graffiti as is reasonably possible. 

Title 20 ZONING 

Chapter 20.66 SIGNS* 

20.66.170 Abandoned or neglected signs. 

Where signs or their supporting structures appear to the deputy director for building services to have become dysfunctional, abandoned, neglected or made unattractive by missing letters, panels, lights, faded or peeling paint or graffiti, the deputy director or building services shall inform the owner, if the owner is known, by mailing a written notice to the last known address of the owner, to remove such sign and structure or to cure the defect resulting from its neglect within a period of ten days after receipt of notification of violation of this chapter.  If the owner is unknown, the deputy director for building services shall publish a legal notice in the official city newspaper identifying the sign, its location and the corrective action required.  If no response is received by the  deputy director for building services within five working days after the date of publication, the deputy director for building services may remove the sign.  If the owner does respond to this notice, the owner shall have ten days after the date of response to correct the defect, except that in any case where a sign has been erected without a permit, the sign may be removed as otherwise provided in this chapter. (Ord. 8630 3 (part), 1986; prior code 25-62.18) 

Title 13 STREETS, SIDEWALKS AND PUBLIC PLACES

Chapter 13.40 GRAFFITI ABATEMENT

Chapter 13.40 GRAFFITI ABATEMENT 

13.40.010 Definitions

13.40.020 Furnishing a marker to a minor

13.40.030 Possession of a marker by a minor

13.40.040 Possession of aerosol containers of paint by minors

13.40.050 Possession of aerosol containers of paint and markers in public areas

13.40.100 Graffiti abatement – Purpose and intent

13.40.110 Graffiti abatement – Removal of graffiti

13.40.120 Graffiti abatement – Obligations of property owner 

Title 13 STREETS, SIDEWALKS, AND PUBLIC PLACES 

Chapter 13.40 Graffiti abatement 

13.40.010 Definitions 

As used in this chapter.

“Aerosol container of paint” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other fluid which is not water soluble and which is capable of defacing property.

“Marker” means any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eights of an inch or greater.

“Minor” means a person who is under the age of eighteen years of age.

“Public building” means any building, or part thereof, owned, controlled or used by the United States of America, the state of Texas, or any agency or political subdivision thereof.

“Public facility” means any park, plaza, playground, picnic area, stadium, ball park, swimming pool, or amphitheater which is designed or held for use by the public (Ord. 12965 2, 1996)      

13.40.110 Graffiti abatement – Removal of graffiti. 

The chief of police and his designees are authorized to develop, use and accept on behalf of the city, the signatures of property owners and authorized agents of property owners on the consent to entry and release of liability agreement required under Section 13.40.120 of this code.  The chief of police and his designees are also authorized to accept, on behalf of the city, all donations given for graffiti removal purposes, including supplies and equipment which the chief or his designees determine are appropriate for use in graffiti removal. (Ord. 13326 2, 1997) 

13.40.120 Graffiti Abatement – Obligations of property owner. 

A.     Any property owner, any authorized agent of a property owner of  property living within the city limits may request and receive as may be available the assistance of the city with the removal of graffiti from their property which is next to or visible from the rights-of-way in the city.  Such property owner or authorized agent of a property owner shall first sign a consent to entry and release of liability agreement as may be prepared and used by the city before the city may remove or clean any such graffiti from their property. 

B.     Any community, governmental or nonprofit organization that provides free graffiti removal services within the city, may also request and receive supplies as may be available or transportation for supplies that will be used for the removal of graffiti from property which is next to or visible from the rights-of-way in the city, provided that such removal is done with the consent of the property owner.  Any organization that receives any city assistance under this section shall provide proof of compliance with this section upon the request of the chief of police or his designees. 

C.     Any property owner or any authorized agent who signs a consent to entry and release of liability agreement and who sells the property of becomes no longer authorized by the property owner to consent to the removal of graffiti from property during the time period in which a consent to entry and waiver and release of liability agreement is in effect regarding the property, shall immediately notify the city of such sale or removal of authorization.  Procedures for the making of such notice shall be contained in the consent to entry and release of liability agreement. (Ord. 13326 2, 1997)  

13.40.100 Graffiti Abatement – Purpose and intent. 

A.     It is the purpose and intent of Sections 13.40.100 through 13.40.120 of this code to provide a procedure for removal of graffiti from walls and structures on property next to or visible from the rights-of-way within the city in order to reduce blight and deterioration within the city, to reduce crime and lawlessness, and to protect the public health and safety. 

B.     The city finds and determines that graffiti is an impure and unwholesome matter and its existence on property next to and visible from the rights-of-way in the city constitutes a public nuisance; the prompt abatement of which is a public necessity to avoid the detrimental impact of such graffiti on the city and its residents, to prevent the further spread of graffiti and other criminal acts, and to protect the health, safety and welfare of the residents of the city.  (Ord. 13326 1, 1997)