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SECTION 7.26 GRAFFITI PROHIBITED; REMOVAL OF GRAFFITI REQUIRED

.1 Definition:

As used in this section, graffiti means any inscription, design, word, figure or mark drawn, marked, painted, etched, scratched or written on real or personal property without prior authorization of the owner.

.2 Graffiti Prohibited:

No person shall place graffiti on any personal property, nor shall the owner or person or entity in control or in charge of any property authorize the placement of any inscription, design, word, figure or mark on said property, except as otherwise allowed by law.

.3 Graffiti Removal Required:

The owner or person or entity in control or in charge of property shall immediately remove or obscure or cause to be removed or obscured any graffiti placed on such property.

Any officer empowered to enforce this ordinance may, by written order mailed or delivered to the property owner, require such owner to remove or obscure graffiti within a reasonable time as specified in the order. Said order shall also include:

.1 a description of the property and location of the graffiti sufficient for identification;

.2 a description or photograph of the graffiti;

.3 information relative to municipal assistance in removing the graffiti;

.4 notice that failure to comply with the order will result in fines and penalties as provided in this ordinance.

.4 Authorization for Municipal Removal of Graffiti:

The Director of Public Works may, upon request of a property owner and subject to the availability of equipment and personnel, authorize departmental personnel to assist in the removal of graffiti; provided that prior to the commencement of any work, the property owner execute an agreement with the city waiving liability for any damage that may arise from remediation efforts.

The Director of Public Works may, as a condition of graffiti removal by the city, require that the property owner implement measures reasonably designed to prevent the continued placement of graffiti on his property. Said steps may include, but are not limited to requiring that video surveillance and recording equipment be installed and maintained on the premises, that modifications be made to a building facade or that personal property be stored in a secure location.

.5 Enforcement:

The provisions of this ordinance may be enforced by the Building Inspector, members of the police department, Compliance Officers, the Director of Public Health and the Director of Public Works and their agents and employees.

.6 Penalties:

Failure to comply with the provisions of this ordinance or any order issued thereunder shall result in a penalty imposed in the manner provided in Massachusetts General Laws Chapter 41, Section 21D in accordance with the following schedule of fines:

1st offense $100.00

2nd offense $200.00

3rd/subsequent offenses $300.00

Every twenty four hour period during which a violation exists shall be an separate offense punishable by an additional fine; provided that no additional fines shall be imposed against a property owner who submits proof that the required work has been contracted for and will commence within a reasonable period.