[HISTORY: Adopted by the Town Council of the Town of Sanford 8-7-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Juveniles — See Ch. 141.
Loitering — See Ch. 158.
The Town Council has determined that graffiti creates a visual blight and adversely affects the enjoyment and value of property. When graffiti is allowed to remain on property and is not promptly removed, it invites additional graffiti and may encourage criminal activity or lead to nuisance conditions. This chapter is intended to deter graffiti, to provide mechanisms for prompt removal of graffiti, and to establish penalties for graffiti.
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI
Any inscription, word, figure, design, painting, writing, drawing or carving that is marked, etched, scratched, drawn, painted or otherwise applied to property without the prior authorization of the owner of the property regardless of the content or nature of the material used.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
GRAFFITI PARAPHERNALIA (including GRAFFITI IMPLEMENTS)
Files, folders, black books, sketch books, pictures (digital or printed), or papers with a common graffiti tag on them, computer files and or images, rubber or latex type gloves, or air filtration masks.
GRAFFITI REMOVAL
The removal or attempted removal or painting over of graffiti by the owner of the affected property or by another person with the consent of the owner or owners designee or by court order.
OWNER
The person listed on the Assessor's records for the Town of Sanford as the owner of property, authorized agent, or legal occupant of property.
PROPERTY
Any real or personal property, including but not limited to any portion of any premises, structure, house, building, fence or vehicle.
A. 
The following acts are prohibited:
(1) 
Applying graffiti to any private or public property without the permission of the owner.
(2) 
Soliciting or commanding another person to apply graffiti to any private or public property without the permission of the owner.
(3) 
Aiding or abetting or agreeing to aid or abet another person in planning to apply or applying graffiti to any private or public property without the permission of the owner.
B. 
Any person in violation of this section and who is found in possession of graffiti paraphernalia where a common or personal graffiti tag is written, painted, designed, photographed, or stored, shall be prima facie evidence that the person in possession is the author of the graffiti tag(s).
Possession of graffiti implements in the following situations is deemed to be evidence of an intent or attempt to commit a prohibited act and is prohibited:
A. 
By minors on or near school facilities. No person under the age of 18 years may possess any graffiti implement while on or within 50 feet of any school property. Notwithstanding this provision, a person under 18 may possess a broad-tipped marker if traveling to or from a school in which the minor is participating in a class or activity that requires the possession of a broad-tipped marker. The burden of proof shall be on the minor to demonstrate that possession was required for a school class or activity.
B. 
By any person on or immediately adjacent to private property without the permission of the owner of the property. "Immediately adjacent" means near enough to the property to apply graffiti.
C. 
By any person in any public facility, park, playground, swimming area, recreational facility, or other public building, structure, premises or vehicle without the Town's permission, or within 50 feet of any bridge abutment, or similar infrastructure without permission of the owner.
A. 
No person, other than a parent or legal guardian, may sell, exchange, give, lend, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years.
B. 
The Chief of Police may promulgate rules and regulations that allow persons under the age of 18 years to purchase graffiti implements.
A. 
Any person violating § 132-3 or 132-4 of this chapter shall be subject to a fine of not more than $250 for the first offense and not more than $500 for a second or subsequent offense. Each day any violation shall continue shall constitute a separate violation.
B. 
In addition to the fine stated in Subsection A, any person found to have committed a violation of § 132-3 or 132-4 shall be subject to restitution for all costs of graffiti removal, and/or to perform community service to the Town of Sanford.
C. 
Any person found in violation of § 132-3 or 132-4, shall forfeit ownership of any graffiti paraphernalia said person was in possession of during the commission of the act. Forfeited property will then be disposed of as determined by the Chief of Police.
D. 
In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor for payment of all fines and fees.
E. 
In the case of community service, the minor or adult shall perform at least 30 hours of community service. In a case where a minor is assigned community service, at least one parent or guardian of the minor shall be in attendance a minimum of 50% of the period of assigned community service. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police.
F. 
Any person violating § 132-5 or 132-7D or E of this chapter shall be subject to a fine of not more than $100 for the first offense and not more than $200 for a second or subsequent offense. Each seven-day period that any violation shall continue shall constitute a separate violation.
A. 
The Chief of Police or designee shall investigate violations of this chapter and provide a Municipal Prosecutor to process these cases in court.
B. 
Graffiti on Town or public property shall be reported to the Sanford Police Department immediately upon discovery.
C. 
Removal of graffiti on Town or public property shall be removed as soon as possible, however, not to exceed seven days unless authorized by the Town Manager.
D. 
Graffiti on private property shall be reported immediately upon discovery and removed within two weeks unless the Town Manager authorizes a longer period of time to remove the graffiti.
E. 
Graffiti on property prior to the enactment of this chapter shall be removed within 30 days of notification.
F. 
With approval of the Town Manager and Chief of Police a community based committee will be formed to coordinate anti-graffiti activities.
The Town Council hereby creates the Town of Sanford Anti-Graffiti Trust Fund. Penalties assessed against violators of this chapter shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The Town Manager shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal; the payment of rewards for information leading to the conviction of violation of this chapter, the cost of administering the chapter, and such other public purposes as may be approved by the Town Manager.