GRAFFITI

Oklahoma City Municipal Code ch. 35, art. V

in effect

Oklahoma City Municipal Code § 35-141 Short title.

§ 35-141. - Short title. This article shall be known and may be cited as the Oklahoma City Graffiti Eradication Ordinance. (Code 1980, § 35-79; Ord. No. 19862, § 1, 12-8-92)

Oklahoma City Municipal Code § 35-142 Legislative findings.

§ 35-142. - Legislative findings. The Council of the City hereby makes the following findings: (1) that unsightly graffiti on public and private property within the City is detrimental to the beauty of our community; (2) that graffiti on public and private property within the City is often related to criminal street gang activity, with graffiti being used to convey information to gang members and mark gang territory; (3) that gang-related graffiti often provides a catalyst for gang-related criminal violence within the City; (4) that gang-related graffiti constitutes a growing blight on and a substantial detriment to the health and safety of the residents of our community; and (5) that by reason of the foregoing findings, graffiti constitutes a public nuisance to our community. (Code 1980, § 35-81; Ord. No. 19862, § 1, 12-8-92)

Oklahoma City Municipal Code § 35-143 Purpose and intent.

§ 35-143. - Purpose and intent. The purpose of this article is to provide for the prevention and removal of graffiti within the City. The intent of the Council is to prevent and remove a public nuisance that is a growing blight on and a substantial detriment to the health, safety and general welfare of our community and its inhabitants. (Code 1980, § 35-82; Ord. No. 19862, § 1, 12-8-92)

Oklahoma City Municipal Code § 35-144 Definitions.

§ 35-144. - Definitions. For the purpose of this article, the following words, terms and phrases shall have the meanings indicated: (1) Advertising means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or occupant of the property, or an agent of such owner or occupant, for the purpose of promoting products or services or conveying information to the public. (2) Applies graffiti, apply graffiti or applying graffiti means the act of drawing, painting, chiseling, scratching or etching graffiti on public or private property within the City. (3) Director means the Director of the Public Works Department, or his designee. (4) Graffiti means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, however, that this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, an occupant of the property, or by an authorized agent for such owner or occupant. (5) Occupant means any person shown by the records of the county clerk's office as a tenant of property, or any person in actual physical possession of property. (6) Owner means any person shown by the records of the county clerk's office as the owner of a fee simple interest in property. (7) Removal, remove, or removed, when used in relation to the eradication of graffiti, means the act of taking graffiti off of or masking the presence of graffiti on, a rock, tree, wall, bridge, fence, gate, building or other structure. (Code 1980, § 35-83; Ord. No. 19862, § 1, 12-8-92)

Oklahoma City Municipal Code § 35-145 Declaration of public nuisance.

§ 35-145. - Declaration of public nuisance. The Council hereby declares that graffiti on public or private property within the City constitutes a public nuisance to the detriment of the City and its inhabitants and visitors. The provisions for prevention and removal of such public nuisance are set forth in Sections 35-146 and 35-147 of this article. (Code 1980, § 35-84; Ord. No. 19862, § 1, 12-8-92)

Oklahoma City Municipal Code § 35-146 Application of graffiti prohibited; offense; penalty.

§ 35-146. - Application of graffiti prohibited; offense; penalty. (a) No person shall apply graffiti to public or private property within the City. (b) Any person who applies graffiti to public or private property within the City shall be deemed guilty of a Class "b" offense. Each act of applying graffiti shall constitute a separate offense. (c) Any person convicted of the offense of applying graffiti to public or private property within the City shall be punished by a fine not to exceed $750.00, excluding costs, or imprisonment not to exceed six months in the City jail or both such fine and imprisonment. (d) The provisions of this section shall be enforced by the Police Department. (Code 1980, § 35-85; Ord. No. 19862, § 1, 12-8-92; Ord. No. 20462, § 1, 10-24-95)

Oklahoma City Municipal Code § 35-147 Allowing graffiti to remain on private property.

§ 35-147. - Allowing graffiti to remain on private property. (a) No person shall allow graffiti to remain on private property within the City longer than 20 days after receiving a notice to remove graffiti. (b) Graffiti allowed to remain on private property within the City longer than 20 days from the date of the notice to remove graffiti, shall be subject to removal by the City. (Ord. No. 21075, § 1, 6-30-98)

Oklahoma City Municipal Code § 35-148 Removal of graffiti from private property.

§ 35-148. - Removal of graffiti from private property. The director may cause graffiti to be removed from private property located within the City in accordance with the following procedure: (a) Removal of graffiti with or without consent of owner; procedure. (1) the property owner, tenant and/or occupant, if any, may give their written consent to the City authorizing removal of the graffiti. By giving such written consent, the owner and the tenant and/or occupant each waive the right to notice and a hearing as otherwise required by this section; (2) if the consent of the property owner, tenant and/or occupant, if any, to remove graffiti from the property cannot be obtained, the director may remove the graffiti without such consent pursuant to the procedures set forth in this section; (3) to remove graffiti from property without the consent of the property owner, tenant and/or occupant, if any, at least ten days' notice shall be given by mail directed to the address shown by the current year's tax rolls in the county treasurer's office. Notice to the tenant and/or occupant, if any, shall be given by mail directed to the property address. The notice shall order the property owner, tenant and/or occupant, if any, to remove graffiti from the property and shall further state that unless such work is performed within 20 days of the date of the notice the work shall be done by the City. At the time of mailing of notice to the property owner, tenant and/or occupant, if any, the Director shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee(s). In addition, notice shall be given by posting a copy of the notice on the property at least one time not less than ten days prior to any hearing or action by the City. Any accumulations of graffiti on the property occurring within one year from and after the date of the notice may be summarily abated by the City without a hearing and further prior notice to the property owner, tenant and/or occupant, if any, except by posting of notices at least one time on the property not less than two business days prior to such summary abatement; (4) a hearing may be held by the City Council to determine whether the accumulation of graffiti on the property has caused the property to become detrimental or a hazard to the health, safety, or general welfare of the public and the community; and (5) upon finding that the condition of the property constitutes a detriment or hazard, and that the property, the public, and the community would be benefitted by removal of such conditions, the director may enter onto the property for the removal of the graffiti thereon. (b) Right of appeal of order to remove graffiti. The property owner and the tenant, if any, shall have a right of appeal to the City Council from any order of the Director. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten business days after the administrative order is rendered. (c) Summary abatement. If a notice is given by the City to a property owner and tenant, if any, ordering graffiti to be removed from property within the City limits in accordance with the procedures provided for in Subsection (a) of this section, any subsequent accumulations of graffiti on the property occurring within a one-year period may be summarily abated without further prior notice to the property owner or the tenant, if any. However, prior to the summary abatement by the City, notice thereof shall be posted at least one time on the property not less than two business days prior to such summary abatement. This subsection shall not apply if the records of the county clerk show that the ownership and/or tenancy of the property was transferred after notice was given pursuant to Subsection (a) of this section. (d) Cost of removal of graffiti. Removal of graffiti by the City pursuant to the provisions of this section shall be performed at the sole expense of the City. In removing the graffiti, the City shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property. (Code 1980, § 35-86; Ord. No. 19862, § 1, 12-8-92; Ord. No. 20024, § 1, 8-31-93; Ord. No. 21075, § 1, 6-30-98)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH35NU_ARTVGRFetched: 10/28/2026