Prohibition of graffiti.

Gilbert Town Code § 42-32

in effect

Sec. 42-32. - Prohibition of graffiti. (a) Purpose and intent. The purpose of this section is to provide a program for abatement of graffiti from public and private property to protect public safety and to expedite removal of graffiti from structures on both public and private property. The town council finds and determines as follows: (1) Graffiti constitutes a public nuisance and a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the town, and to prevent the further spread of graffiti. (2) Certain categories of graffiti which incite violence are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community. (b) Definitions. For the purposes of this section, the following words and terms shall have the meaning ascribed thereto: Aerosol paint container means any aerosol container which has a writing surface which is one-half of an inch or greater and containing anything other than a solution which can be removed with water after the solution dries. Broad tip marker means any marker or similar implement which has a writing surface which is one-half of an inch or greater and containing anything other than a solution which can be removed with water after the solution dries. Graffiti means drawing or inscribing a message, slogan, sign or symbol or mark of any type on any public or private building, structure or surface without the express permission of the owner. Graffiti implement means an aerosol paint container, broad tip marker, paint stick, graffiti stick or bleeder. Paint stick, graffiti stick, or bleeder means an implement containing paint, wax, epoxy, or other similar substance. Responsible party means an owner, occupant, lessor, lessee, manager, licensee, or other person having the right to control such property. (c) Making of graffiti; possession of graffiti implements. (1) No person shall make graffiti of any type on any building, public or private, or any other property, real or personal, owned by any person, corporation, or public agency or instrumentality without the express permission of the responsible party. (2) A person is guilty of possession of graffiti implements when he or she possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property. Possession of an unsealed aerosol paint container or other graffiti implement in a public building, park, facility or alley shall be presumptive evidence of intent to use same in order to damage such property. (3) Violation of this subsection by an adult is a misdemeanor, punishable by a term of not less than 48 hours in jail and not less than 80 hours of community service. Violation of this subsection by a juvenile is a misdemeanor, punishable as provided for in Title 8, Arizona Revised Statutes. In addition to any fines imposed, individuals found guilty of a violation of paragraph (1) of this subsection shall pay to the town and the responsible party reasonable restitution for costs incurred to abate the graffiti. (d) Limiting access to graffiti implements. (1) No person other than a parent or legal guardian shall sell, exchange, give, loan, 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. (2) Evidence that a person, his or her employee, or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this section. Acceptable evidence of majority shall include, but is not limited to, driver's license, or state-issued identification or military identification. (3) This subsection does not apply to the transfer of graffiti implements from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose. (4) Violation of this subsection is a misdemeanor, punishable by a term of not less than 48 hours in jail and not less than 80 hours of community service. (e) Storage and display of graffiti implements. (1) No person who owns, conducts, operates or manages a business where aerosol paint containers or broad tip markers are sold, nor any person who sells or offers for sale aerosol paint containers or broad tip markers, shall store or display, or cause to be stored or displayed, such aerosol paint containers or broad tip markers in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition. (2) Nothing herein shall preclude the storage or display of aerosol paint containers and broad tip markers in an area viewable by the public so long as such items are not accessible to the public without employee assistance. (3) Violation of this subsection is a civil offense, subject to a fine of not less than $100.00 for the first offense and not less than $500.00 for each subsequent offense. (f) Graffiti prohibition and removal. (1) Graffiti prohibited. All sidewalks, walls, buildings, fences, signs, and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street or other public or private property. (2) Town's authority to abate. The town or its authorized private contractor is expressly authorized to enter private property and abate graffiti thereon in accordance with this section. The town police department shall assist in the enforcement of this section. (Ord. No. 1084, § I, 1-20-98)

Source: Town of Gilbert, Arizona, Town Code (Municode Library, library.municode.com)URL: https://library.municode.com/az/gilbert/codes/code_of_ordinances?nodeId=CO_CH42OFABPUNU_ARTIIOFINPRRI_S42-32PRGRFetched: 11/1/2026