DISCLAIMER

RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE


08-052-O


ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 34-13 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO GRAFFITI AND ITS REMOVAL.

BY COUNCILOR ANDERSON:

The city of Duluth does ordain:

     Section 1.  That Section 34-13 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 34-13.  Intentional damage to property--removal of graffiti.

     No person shall intentionally cause damage to physical property of another or physical property in which another has a superior right of possession, custody or control, without the latter's consent. Damage to physical property includes attaching to it or painting on it any messages, pictures, graphic patterns or what is commonly known as graffiti. If property is damaged by attaching to it or painting upon it any messages, pictures, graphic patterns or graffiti, the owner, or in the owner’s absence the person who has custody and control of the property, shall remove or obliterate the message, picture, graphic pattern or graffiti within 30 days of its attachment to or painting upon the property. The cost, or market value of the cost, whichever is greater, of the obliteration or removal shall be the obligation of the offender.

     Section 2.  That this ordinance shall take effect 30 days after its passage and publication.


COUNCILOR REQUEST/ATTY


STATEMENT OF PURPOSE:  This ordinance clarifies the language of Section 34-13 to show that it applies to graffiti, and requires the removal of graffiti.