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2009M08 Chapter 50, Article IX, Graffiti ORDINANCE NO: 09-M-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50, ARTICLE IX, GRAFFITI. WHEREAS, graffiti is an issue of ongoing concern to the City Council of the City of Schertz because the problem impacts every part of the City; and WHEREAS, the City Council finds that graffiti encourages vandalism, additional graffiti, and other criminal activities, produces urban blight, and tends to reduce property values; and WHEREAS, the City Council previously determined that it was in the best interests of the City to establish a program to discourage graffiti and adopted Ordinance No. 08-M-08 on February 26, 2008, which was later codified in Chapter 50, Article IX of the Code of Ordinances, City of Schertz, Texas; and WHEREAS, the City Council reaffirms its previous finding that (i) placing graffiti on any property without the consent of the owner of such property and carrying graffiti implements with intent to engage in graffiti is a public nuisance and contributes to public nuisances and should be discouraged and punished, and (ii) requiring property owners to remove graffiti and providing enforcement actions for failure to remove graffiti from private property is in the best interest of the public's health and safety; and WHEREAS, the City Council finds that, subsequent to the adoption and codification of Chapter 50, Article IX, there have been incidents involving graffiti placed on commercial property that is occupied by an ongoing business and that such graffiti has not been timely removed; and WHEREAS, the City Council desires to amend Chapter 50, Article IX, Section 50-307(b) of the Code of Ordinances, City of Schertz, Texas to remove "or that is a commercial property that is occupied by an ongoing business" from the excepted property not subject to the offenses described in Section 50-307. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I AMENDMENT. Chapter 50, Article IX, Section 50-307 of the Code of Ordinances, City of Schertz, Texas is hereby amended to read as follows: "Sec. 50-307. Failure to remove graffiti--Offenses. (a) It shall be unlawful for any property owner to fail to abate or cause the abatement of graffiti from his or her property after receiving written notice as provided in section 50-310 of this article of such nuisance and being given a reasonable opportunity to effect the abatement as provided in section 50-310 of this article. 50157321.2 -1- (b) This section shall not apply to property that is residential owner-occupied. (c) This section shall not apply to property or structures owned by federal, state, or local governments or railroads if they have in effect a city-approved graffiti abatement plan." SECTION II SEVERABILITY. If any provision of this Ordinance is illegal, invalid, or unenforceable under present or future laws, then and in that event, the remainder of this Ordinance shall not be affected thereby. SECTION III EFFECT ON PRIOR ORDINANCE. Chapter 50, Article IX, Section 50-307 of the Code of Ordinances, City of Schertz, Texas is hereby amended by this Ordinance. Such amendment shall not affect any enforcement actions currently on-going pursuant to Chapter 50, Article IX, Section 50-307, as adopted on February 26, 2008, which shall be deemed to be on-going pursuant to this Ordinance. SECTION IV EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. PASSED AND APPROVED on first reading the 10th day of March, 2009. PASSED AND FINALL Y APPROVED on second and fi al reading the 17th day of March, 2009. l Q:ST: C )\~~~ sJ/'f\)Y\tIJ City Secretary [CITY SEAL] 50 I 57321.2 -2-