GRAFFITI PROHIBITED.
Austin City Code § 9-4-43
in effect§ 9-4-43 - GRAFFITI PROHIBITED.
(A) Definitions. In Sections 9-4-43 through 9-4-45:
(1) DIRECTOR means the head of the department designated by the city manager to enforce and administer this section.
(2) GRAFFITI means any unauthorized inscription, word, letter, slogan, drawing, painting, tagging, signature, symbol, logo, name, character, figure, design, or other marking which is etched, written, painted, drawn, or made in any other manner, whether temporary or permanent, on any building, structure, fixture, or other improvement whether public or private, without the consent of the owner, and which is visible from public property, public right-of-way, or other private property, excluding commercial advertising or a mark placed in compliance with an ordinance, regulation or state or federal law.
(3) MINOR means a person under 17 years of age.
(4) OWNER means the owner of record or the owner's authorized agent.
(5) PARENT means a person who is the natural or adoptive parent of a minor, including a court-appointed guardian, conservator, or other person 21 years of age or older, authorized by a parent, court order, or court-appointed guardian to have the care and custody of a minor.
(6) TRANSPORTATION INFRASTRUCTURE refers to the physical systems, facilities, and structures that support the movement of people and goods from one location to another. It includes both public and private assets designed to facilitate various modes of transportation, such as: roadways, rail systems, airports and aviation facilities, maritime and waterways, and public transit systems.
(B) An owner commits an offense if the owner, after receiving notice from the director in accordance with Section 9-4-44, fails to cover or remove graffiti on the owner's property when the graffiti is visible from public property, public right-of-way, or other private property within the time allowed by this article unless otherwise exempted. A culpable mental state is not required, and need not be proved, for an offense under this subsection.
(C) A parent commits an offense if the parent knowingly permits their minor to create graffiti on public or private property.
(D) It is a defense to prosecution under this section that:
(1) the director failed to serve notice on the owner in compliance with Section 9-4-44;
(2) during the 12 months before a citation under this section, the property owner received notice and removed graffiti from the property not less than three times;
(3) the owner has made a good faith effort to remove the graffiti, including obtaining an insurance policy;
(4) the owner approved the creation and placement of the graffiti; or
(5) the graffiti is located on transportation infrastructure and removal of the graffiti would create a hazard for the person performing the removal.
(E) An offense under this section is a Class C misdemeanor punishable as provided in Section 1-1-99 (Offenses; General Penalty).
(F) The director may delegate authority for administering and enforcing this section.
Source: 1992 Code Section 10-1-23; Ord. 031023-13; Ord. 031211-11; Ord. No. 20250911-011, Pt. 1, 9-22-25.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT9PRAC_CH9-4PRAC_ART3OFREPR_S9-4-43GRPRFetched: 10/27/2026