By Amanda Estes
Staff Writer
    The South Portland City Council is considering a new Anti-Graffiti Ordinance that will address what Police Chief Edward Googins identified as a growing problem in the city. He said the current laws are ineffective because they require the individual be caught in the act. As Googins presented the draft to the council along with Officer Jeffrey Caldwell, a member of the Graffiti Task Force, the council expressed concern over the ordinance’s treatment of property owners.
    At Monday’s workshop, Googins agreed the “Graffiti Nuisance Property,” which outlines property owners’ responsibilities in the event their property is “tagged,” mandates would be controversial. As drafted, a “Graffiti Nuisance Property” is defined as any property “to which graffiti has been applied, if the graffiti is visible from any public right of way, from any other public or private property or from any premises open to the public, and if the graffiti has not been abated with seven days.”
    If the graffiti is not removed within seven days of written notification from the police department, the property owner would be in violation of the ordinance and could be subject to a fine up to $250 for the first offense and up to $500 for each subsequent offense.
    “What if we don’t catch anyone? ”said Mayor Claude Morgan. “Who are we targeting? Can we move forward without property owners being punished?” Morgan proposed implementing the “Graffiti Nuisance Property” provision six months after the rest of the ordinance, in order to give property owners notice of the new laws. “Instantly, people (would be) in violation, but we may not be catching graffiti artists,” he said.
    Googins said the police department will work with a property owner to some extent, but the purpose of the ordinance is to take “a much more definitive stance.” He said the department does want cooperation from property owners, but its priority is catching the perpetrators.
    Googins said the department has had difficulty catching perpetrators in the act. The department does have some hidden cameras, but they are low resolution and do not aid officers in identifying individuals. The ordinance, however, will allow officers to take action before the damage is done. For example, the ordinance would make it illegal for a minor to possess aerosol paint containers, broad-tipped markers, gum labels, paint sticks, etching equipment, brushes, or any similar devices while on school property, city parks, city buildings, or areas adjacent to those properties.  The ordinance would also punish any person, except a legal guardian or parent, who provides the “graffiti implements” to a minor. Restitution from a minor, beyond the penalty, may include community service including graffiti removal.
    Councilor Linda Boudreau said property owners won’t have to pay for the removal if the perpetrators are caught with the implements, but said she didn’t think seven days was long enough for property owners to get to the job.
    She suggested the police department take insurance company turnaround into consideration.
    City Manager Ted Jankowski and Councilor Kay Loring agreed, however, that insurance companies would most likely not be paying for graffiti removal.
    Jankowski stressed the ordinance will allow officers to catch individuals before they act and if there is property damage, the individual will pay. 
    The ordinance will not just target minors, but will also make it illegal for any person to possess graffiti tools “while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the city…or while in or within 50 feet of an underpass, bridge abutment, or similar types of infrastructure.”  
    Caldwell said the intersection of Broadway and Evans Street, bridges along I-295, the Greenbelt, the Knightville neighborhood, and the east end of the city are all popular targets for graffiti artists.
    He said the task force researched the effectiveness of “legal walls,” which are areas where graffiti is allowed, but determined that their presence actually attracted more graffiti.
    The council will have two readings on the ordinance.
    If approved by the council, the ordinance will most likely go into effect with passage of the second reading as early as May 7, with the exception of the “Graffiti Nuisance Property” component, which councilors may implement on Aug. 1.