By Amanda Estes
Staff Writer
Local resident and attorney Dave Canarie has been advocating for revisions to South Portland’s anti-graffiti ordinance since it was enacted in May. After months of researching municipal ordinances from around the country, Canarie recently had the chance to present his findings.
“It’s not uncommon for cities who have enacted graffiti ordinances to revisit them,” Canarie said, addressing the city council during a workshop last week. “This won’t be the end of the story. You’re going to have to continue to fine tune the ordinance.”
The council is expected to vote on the revised ordinance at its Feb. 20 meeting.
Canarie said his issue with the current ordinance is its broad definition of graffiti implement, which includes “any other device capable of scarring or leaving a visible mark on any natural or manmade surface,” and as a result, the potential for individuals to unknowingly violate the ordinance.
Aerosol paint, broad tipped markers, etching cream, gummed labels and paint sticks or graffiti sticks are all defined as graffiti implements in Canarie’s set of proposed revisions. The narrower set of definitions will also remove some of the burden from merchants who, under the current ordinance, were essentially instructed to “card” minors purchasing art supplies, Canarie said.
Applying graffiti to any private or public property without the permission of the owner would still be prohibited and a person would be presumed to have intent to make graffiti if they possess one of the implements in or on privately or publicly-owned property such as school grounds or a bridge underpass. Because Canarie believes, under the current ordinance, school-aged children could potentially be breaking the rules by possessing paint or markers on school grounds, he is proposing it not be a violation for an individual to possess graffiti implements on a property with the consent of the owner or in a place where the tools are intended to be used for a “non-graffiti” activity including employment, school, home, church, or art class.
Canarie said the “rapid removal” of graffiti is proven to be the most effective way to combat the activity.
“Graffiti attracts graffiti,” he said. “If you erase it, it works against the ego involved.”
When the ordinance first came forward councilors were largely opposed to a proposal to fine property owners who failed to remove graffiti from their property within seven days of written notification from the police department because it unjustly punished the owners.
At the most recent workshop, Canarie proposed if the property owner does not abate the graffiti within 10 business days of notice from the city, the property may consequently be deemed a nuisance, which would allow the city to take enforcement actions. Councilors, however, still felt the policy unjustly punished property owners.
“We’re still slamming the hammer on the victim,” Councilor Claude Morgan said.
Councilor Tom Blake proposed allowing some leniency for property owners with extenuating circumstances that would prevent them from removing the graffiti right away. Blake suggested property owners could submit a corrective plan to the city manager to avoid their property being deemed a nuisance.
Councilor Linda Boudreau said it was important to keep some time line in place.
“I just don’t want to see things creeping to months,” she said.
City Manager James Gailey said the city has received a donation of 50 graffiti abatement kits from The Home Depot. The free kits will be available at the police department this spring, Gailey said..
South Portland Police Officer Jeffrey Caldwell, who helped create the current ordinance, said the kits will contain commercial graffiti removal solution, sponges, a face mask, rubber gloves, paper towels and scouring pads.
Since the ordinance has been implemented, three adults have been summonsed and fined for putting graffiti on train cars in the Rigby Railyard. More recently, on Dec. 27, an officer observed a juvenile applying graffiti and when the officer approached, the juvenile ran. When the officer grabbed the juvenile, the officer was knocked down and got a concussion, Caldwell said.
Caldwell said with the proposed changes, the ordinance will be stronger.
“In the beginning it was kind of like my baby so I was a little upset that they were going after it,” he said. “[But] the definitions are much better.”
Caldwell said the city may still face some resistance from business owners, but overall the addition of the rapid removal section will make for a better ordinance.