§ 8-24. Defacing or damaging property of another.

(a)

It shall be unlawful for any person occupying, controlling or in possession of any real or personal property to deface or damage by any means the property of another without the owner's consent, and it shall be unlawful to mar, deface, damage, or destroy by writing, painting, or drawing any inscription, figure or mark of any type on the exterior or interior, including walls and appurtenances, of any public or private building, telephone booth, bus bench, public way, church, synagogue, school or any other real or personal property within the city.

(b)

For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)

Graffiti. Any writing, drawing, painting, inscription, figure, or mark of any type on any structure, public or private, or any other property, real or personal, that has been made without the consent of the owner of the property.

(2)

Broad-tipped, indelible marker. Any felt-tipped marker or similar implement which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half (½) inch or greater.

(3)

Supervising adult. An individual twenty-one (21) years of age or older, who has been given responsibility by the minor's parent, legal guardian or other lawful authority to supervise the minor and who is aware of the minor's possession of the aerosol container of spray paint or broad-tipped, indelible marker.

(c)

No person shall carry an aerosol spray paint can or broad-tipped, indelible marker with the intent to violate the provisions of subsection (a).

(d)

No person under the age of eighteen (18) years shall have in his or her possession any aerosol container of spray paint or broad-tipped, indelible marker while on any public [or] property, highway, street, alley or anyway, except in the company of a supervising adult.

(e)

No person under the age of eighteen (18) years shall have in his or her possession any aerosol container of spray paint or broad-tipped, indelible marker while on any private property unless the owner, agent or manger, or person in possession of the property knows of the minor's possession of the aerosol container of spray paint or indelible marker or has consented to the minor's possession while on his or her property.

(f)

It shall be unlawful for any person or entity owning, occupying, controlling or possessing to allow graffiti as defined herein to exist on any personal or real property within the city.

(g)

Any individual or entity owning, occupying, controlling or possessing any real or personal property which has been damaged, defaced or subject to graffiti shall be responsible for ensuring the necessary repairs or graffiti has been removed, painted over or obliterated within one hundred twenty (120) hours after receipt of written notice. In the event the damage, defacing or graffiti has not been removed, repaired or painted over using a color of paint that is substantially similar to the color of the existing structure within one hundred twenty (120) hours after its occurrence, then the City of Coral Springs shall have the right to remove, paint over or obliterate the graffiti. In the event that the City of Coral Springs has to remove or paint over the graffiti, then the owner of the real or personal property on which the graffiti existed shall be responsible for all costs incurred and failing payment by the owner, the city may impose a lien to recover all costs and expenses incurred.

(h)

The city's police officers and code enforcement officers are hereby authorized to enforce the provisions of this section, including the issuance of notices to appear and notices required under subsection (n).

(i)

Whenever the city becomes aware of the existence of graffiti or other unsightly conditions on any property, including structures or improvements within the city, a code enforcement officer or police officer shall give or cause to be given, written notice to the property owner and/or property owner's agent or manager to remove such graffiti.

(j)

Notice. For purposes of all property owners, any individuals or entities owning, occupying, controlling or in possession of any real or personal property which has been subject to defacing, damage or graffiti as defined herein, shall receive notice from the city to effectuate the necessary repair, removal or obliteration by receiving written notice delivered to the property address as identified in the city records. For purposes of this section, notices shall be provided to the alleged violator by certified mail, return receipt requested; by hand-delivery by the police officer or code enforcement officer; or by leaving the notice at the violator's usual place of residence with any person fifteen (15) years of age and informing such person of the contents of the notice. In addition, notice shall be provided by posting a copy of the notice at the site of the violation. The police officer or code enforcement officer shall then provide proof of posting by preparing and executing an affidavit which shall include a copy of the notice posted and the date and places of its posting.

(k)

The city may institute a civil action in a court of competent jurisdiction to recover compensatory and punitive damages, including reasonable costs and expenses, for any damage caused to city owned property located within the city limits of Coral Springs as a result of the violations of this section.

(l)

In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense in a reasonable amount or manner to be determined by the court.

(m)

Any act of willful misconduct of a minor (which term is herein defined as any individual under the age of eighteen (18) years) which results in the unauthorized destruction, injury, disfigurement or defacement of the property of another or public property, shall be imputed to the parent or guardian having custody of the minor. A parent or guardian having custody of a minor convicted under the provisions of this section shall be liable for any fine or restitution assessed or ordered by the city's code enforcement board or a court of competent jurisdiction. The parental responsibility imposed under this subsection shall be in addition to the liability imposed by Florida Statutes 641.24 as amended.

(n)

Any person who gives information leading to the arrest and conviction of any person for violation of this section, who testified in the prosecution of the violator, shall be eligible after all appeals have been exhausted, to receive a reward of one hundred dollars ($100.00) from the city, except that no police officer or code enforcement officer of the city shall be eligible for such reward.

(o)

Civil penalties. The following schedule of civil penalties applies to this section:

(1)

First offense, two hundred fifty dollars ($250.00);

(2)

Second offense, five hundred dollars ($500.00);

(3)

Imprisonment for not more than sixty (60) days; and/or

(4)

Any victim who fails to remove or obscure graffiti within the time period prescribed herein shall be fined not more than five hundred dollars ($500.00).

(p)

Community service. In addition to any punishment or fine, the defendant shall be ordered to perform a minimum of twenty (20) hours monitored community service within the City of Coral Springs.

(Ord. No. 94-104, § 2, 3-15-94)