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.
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(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.
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City Secretary
[CITY SEAL]
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