HomeMy WebLinkAboutO-1988-029 o�h 5 Y f��s�spim bs Vrid
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OR
DINANCE
ANCE N0.
2 -9 88 �
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROHIBITING
DEFACEMENT OF PROPERTY AND GRAFFITI ; PROHIBITING PO -
SESSION OF SPRAY PAINT BY MINORS; CREATING PARENTALS
S; PROVIDING FOR PENAL-
TIES; PROVIDING IFOR GSEVERABILI FOR D TY; PROVIDING FOR INCLU-
SION IN CITY CODE: PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EF-
FECTIVE DATE.
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WHEREAS, it has become apparent that the use of pens , writing
and artistic devices , spray cans and marking devices used in con-
nection with the writing of graffiti on walls and other places of
public buildings and private property has reached such significant
levels and proportions that immediate local attention should be '
given this matter by this municipality.P Y• The defacing of such
property and the use of offensive language in many of the writings
is harmful to the general public and violative of the good and
welfare of the citizens , residents and people of the City of
Dania. It is the intent of the CityCommission that an
1 Y person
guilty of writing graffiti on public buildings and public property
shall be punished and that the punishment shall fit the offense ;
and
WHEREAS , the defacement of property in the city by graffiti
continues to exist and increase as a blight on the community and
Positive steps must be taken toward the eliminiation thereof; and
WHEREAS, paint and other liquid solutions in aerosol cans
and other containers and forms are capable of, and known to be
used by minors for defacing property by writing, drawing, or
otherwise inscribing graffiti thereon; and
WHEREAS, local regulation of aerosol containers of paint and
other liquid substances capable of defacing property is necessary
to supplement the State law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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Sect 1•
That Sections 17-21 and 17-22 , Code of Ordinances
of the City
of Dania Florida, are created to read as follows:
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Ordinance Z,N,r
n'r nance No. z9_gg +Y
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Sec. 17-21. Writing on property without permission of the
owner prohibited.
No person shall write, paint or draw any inscription, figure
or mark of any type on any building, public or private , or any
other property, real or personal , in the City of Dania without
the express permission of the owner or operator of said property.
Section 17-22. Possession of aerosol spray paint by minors
prohibited.
1 . It shall be unlawful for any person under the age
of eighteen (18) years to have in his or her possession any
aerosol spray can containing any substance commonly known as
paint or containing any other opaque liquid capable of being pro-
pelled by the aerosol can while on public property or upon private
property without the consent of the owner of such private property.
2 . Any person who gives information leading to the
arrest and conviction upon final appeal of any person for a violation
of this ordinance and testifies in the prosecution of the violator
shall be eligible to receive a reward of up to $500 . 00 from the
city except that no officer or employee of the city shall be
eligible for such reward.
3 . A parent or natural guardian of a minor convicted
under this ordinance shall be liable for any fine assessed by the
court or any reward paid by the city in addition to the liability `
imposed by Section 741. 24 , Florida Statutes , as amended. An
adult convicted under this ordinance shall likewise be responsible
to the city for any reward paid by the city.
Section 2. Any person convicted of violating the provisions
of this ordinance shall be punished by a fine of not less than
$250 . 00 nor more than $500. 00 per occurrence or by imprisonment
for not more than 60 days per occurrence, or both, in the dis-
cretion of the court.
Section 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held in-
valid or unconstitutional by any court of competent jurdidiction,
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such portion shall be deemed a separate, distinct and independent p ent
provision and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4 . The provisions of this ordinance shall be included
in and incorporated in the Code of Ordinances of the City of Dania,
Florida, as an addition or amendment thereto, and shall be
appropriately renumbered, if necessary, to conform to the uniform
system of the Code.
Section 5 . That all ordinances or parts of ordinances and
all resolutions or arts of resolutions
P u ons in conflict herewith be
and the same are hereby repealed to the extent of such conflict .
Section 6. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 24th day of
I
May 1988.
-. PASSED and ADOPTED on Second and Final Reading on the 14th [
day of .Tune 1988. `.
I
'MAY
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OR - COMMTSSIOj�Feit
ATTEST:
CITY CLERK - AUDITOR
!
APPROVVED AS TO FORM AND CORRECTNESS
FRANK C. ADLER, City Attorney
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ORDINANCE N0. 29-88 '
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.. LNG ANINu
"bE FORE CITY I
COMMISSION
CITY OI DANK.
+ 1 REGARDING
_."• AOOPTI ON Of
THE FOLLOWING
PROPOSED
HEREBY GI
THE SUN-TATTLER EN POf10 NOTICE
po U" CIf,
ee
eI •.°° p.me.+ or a T'oen
mer<enp �ne sup
Established as The Hollywood Sun - January 4, 1935 TeY°f d+°^1.
ull
•public neennp In m<UIr
me
HOLLYWOOD, BROWARD COUNTY, FLORIDA
Dfinl• Ri`IOs w°uoell.1
Oeni•. For
IM nr encef Will,
of '
CITOOF STATE OANU�FLORIE-
OF FLORIDA OA, PROHIBITING DE-
COUNTY OF BROWARD T VCEAND GR APFESII+
Jack D. Pate pRONIBITING PO
Before the undersigned authority personally appeared 6�"M""S RCREATING
Advertising Sales Manager DARE EN AI- LIABILITY:
who on oath says (he/she) is 0.- 8 PROVIDING FOR RE-
pENALITESCV,IN IIDIND
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward ley
PRRORV'' (V EFOR INCLU-
SIGN IM C.,Y COD E:PRO- -
County, Florida: that the attached copy of advertisement, being a N'ANCES OAT PARTOSROF
ORDINANCESTS
AND ALL
Notice of Hearin RE5CLUTIONJTIONS IN
OF RESOLUTIONS IN
CONFLICT HEREWITH
BE REPEALED TO THE
City of Dania EXTENT OF SUCH CON
In the matter Of _ FLICT:.AND PROVIDING
100 W. Dania Beach Blvd (9M7[Y FOR •" EFFECTIVE
in the GATE.
Copt••of 1hll propo'ee or
°M•nc• •I• on 11°"Clerk"'
was published in said newspaper in the issue of p„k. a 1 I. Dent,
R ti CIIV "fin.
June 3 1988 Beech ° Doing.
' Flofldfi. find
,M<IIe b•'IMkin ppu�y i,IMp
Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood in nfrma ww
pfp at one•"14H,'dmefl•
said Broward County,Florida,and ill telf.eHonfol.' m.r •°'
kl'•a to me pr000wd.
published in said Broward County,Florida,each week and has been entered as second class Inf •ne w he..d wim '••
matter at the post office in Hollywood in said County, Florida,for a period of one year next Any WS"w^o dfcldB to
preceding the first publication of the attached copy of advertisement: and affiant further pope nIS� de ;m Ierlfiinc
i.
Iln file Cl to•"r.n•ller
says that he has neither paid nor promised any person, firm or corporation any discount, WIIh I e. tilt cdmmi..if^
o1 ne•rIW will need Ir
rebate,commission or refund for the purpose of securing this advertisement for publication co;a,�fi'ef-1 thl"Wortheee^a end
In L 'Id LneW9'yer for such NNII me"neeI
to en'wf IMI • erb•bm
,Coed RI he O°Cte IQp le
m•d4 one If+limon, end
,eidenNodM which IM
.....11 coon
-:A• Hr Wend• Mullikin
�.
ry- Cur Clerk
Sworn to a subscrib d before me Notary Puhhc State of Florida . Large Im IF•Is' _
l p� p µy Commisvon Expires Oct 29, t988 --- --
thls day f A.D. 19_o5 �NDEO 1H,,HUCKLEBERRY SI6LEY
l HARVEr INSURANCE 6 BDNDS INC
NOTARY PUBLIC
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