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BULLET St. Louis City Revised Code Chapter 15.128 Division VII Spray Paint

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


DIVISION VII. OFFENSES BY OR AGAINST MINORS

Chapter 15.128
Spray Paint

Sections:

15.128.010 Findings.
15.128.020 Definitions.
15.128.030 Graffiti prohibited.
15.128.040 Sale of graffiti tools regulated.
15.128.050 Display requirements.
15.128.060 Enforcement.
15.128.070 Penalty for violation.

Editor's Note:

Ord. No. 68066, 1--8, adopted July 28, 2008, repealed Ch. 15.128 and enacted a new chapter as set out herein. The former Ch. 15.128, 15.128.010--15.128.030, pertained to spray paint and derived from Ord. No. 62239, 1--3, 1991.

15.128.010 Findings.

The Board of Aldermen for the City of St. Louis finds and declares as follows: It is the purpose of this chapter to target and prevent the sale and distribution of graffiti tools to taggers and other vandals by regulating persons who sell graffiti tools to individuals and to obtain identifying information of such purchasers.

The Board of Aldermen finds that residents of the City of St. Louis have experienced problems with graffiti and tagging by individuals and such criminal conduct constitutes a public nuisance.

The Board of Aldermen finds and determines that graffiti is obnoxious and constitutes a public nuisance and therefore must be abated to avoid any detrimental impact of such graffiti on the City of St. Louis and to prevent the further spread of graffiti and for aesthetic purposes.
(Ord. No. 68066, 2, 7-28-2008.)

15.128.020 Definitions.

Building. Any structure used for commercial, business or residential purposes, whether or not occupied, and any structure appurtenant to use, including but not limited to: garages, fences, retaining walls, facades, highway overpasses, bridges, stud walls, or any other structure within the City of St. Louis.

Graffiti. Any unauthorized mark, inscription, word, figure, picture, notation or design drawn, written, etched, painted, sprayed, marked, posted, pasted or otherwise affixed, drawn, or painted on any surface of any building, public, private or personal property. Graffiti shall not mean a sign lawfully erected and maintained as required by other ordinances.

Graffiti tools. Any spray paint container, indelible marker, paint stick, cream or acid manufactured for the purpose of etching, altering, painting any surface or used for the application of "graffiti" as defined herein.

Indelible marker. Any felt-tip marker or similar implement with a tip that is greater than 1/8 inch at its broadest width containing any ink that is not water-soluble.

Paint stick or graffiti stick. Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance that is not water-soluble and is capable of being applied to a surface and upon application of leaving a mark.

Person. Includes any human being, corporation, partnership, authority, business, municipality, association, or any other entity able to sue or be sued.

Spray paint container. Any aerosol receptacle, holding paint that be used to apply paint to any surface described in the definition of graffiti herein.

Structure. Any public or private bridge, overpass, pathway, highway divide, lane marker, billboard, train pass or marker, walls poles, utility or water towers or feature fixed to land.

Tag or tagging. The application of graffiti to any building, property or personal property.

Tagger. A person who defaces any building, property or personal property with graffiti.

Vendor. Any person who offers for sale and/or transfer any items that constitute graffiti tools for value or any form of consideration.
(Ord. No. 68066, 3, 7-28-2008.)

15.128.030 Graffiti prohibited.

A. Prohibited Conduct. It shall be unlawful for a person to deface, destroy or otherwise damage any public or private building, structure, property or personal property by the application of graffiti without the owner's prior knowledge and consent.

B. Possession of Graffiti Tools Prohibited. It shall be unlawful for any person to have in their possession any graffiti tools while on public or private property, without the consent of the owner of said property, structure or building, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of buildings, structures and property in the immediate vicinity.
(Ord. No. 68066, 4, 7-28-2008.)

15.128.040 Sale of graffiti tools regulated.

No vendor shall sell any graffiti tools to any person under the age of eighteen (18) years of age unless accompanied by an adult parent or guardian.
(Ord. No. 68066, 5, 7-28-2008.)

15.128.050 Display requirements.

Each vendor selling items constituting graffiti tools shall place a sign in clear public view at or near the display and inventory of graffiti tools. Said sign shall measure not less than eight and one-half (8 1/2) inches by eleven (11) inches, have the City of St. Louis Seal and state "It is illegal for a person to purchase or possess aerosol spray paint containers or any other graffiti tool for the express illegal purpose of graffiti per St. Louis City Ordinance #XXXXX." Signs will be available for distribution by the Department of Public Safety
(Ord. No. 68066, 6, 7-28-2008.)

15.128.060 Enforcement.

Enforcement of this chapter shall be the responsibility of the City of St. Louis Department of Public Safety.
(Ord. No. 68066, 7, 7-28-2008.)

15.128.070 Penalty for violation.

Any person who violates the provisions in section four of this chapter shall be subject to of a fine of up to five hundred dollars ($500) or imprisonment of a term not to exceed ninety (90) days or both at the discretion of the court. In lieu of fines or imprisonment, the court may impose a sentence of community service not to exceed 90 days with the express requirement that the offender clean graffiti from public buildings, structures or property in the City of St. Louis.

Any vendor who violates the provisions in sections five and six of this chapter shall be subject to of a fine of up to five hundred dollars ($500).

All monetary funds collected by the City under this chapter shall be directed to Operation Brightside and utilized for the removal and prevention of graffiti on public and private properties.
(Ord. No. 68066, 8, 7-28-2008.)

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