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<br />ORDINANCE NO. 2006- ~5 9 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />ADDRESSING GRAFFITI ON PUBLIC AND PRIV ATE <br />PROPERTY WITHIN THE CITY LIMITS; DEFINING <br />GRAFFITI AND ESTABLISHING CRITERIA FOR THE <br />PROHIBITION AND REMOV AL OF GRAFFITI; <br />PROVIDING FOR PENALTIES AND ENFORCEMENT, <br />EXEMPTION AND RESTITUTION; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR REPEALER; <br />PROVIDING FOR INCLUSION IN THE CODE; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, establishing measures that prohibit Graffiti and providing for restitution are <br />essential to the protection of the environment of our community; and <br /> <br />WHEREAS, the procedures outlined in this Ordinance are intended to discourage the <br />surfacing of Graffiti prior to becoming a nuisance in the City of Sunny Isles Beach. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this ordinance <br />upon adoption hereof. <br /> <br />Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds, <br />determines, and declares that Graffiti is prohibited within the City limits. This Ordinance shall <br />be applicable tlu'oughout the City of Sunny Isles Beach. <br /> <br />Section 3. Definitions. The following words, terms and phrases, when used in this article, <br />shall have the following meanings: <br /> <br />(a) Graffiti means writings, drawings, inscriptions, figures or marks of paint, ink, chalk, <br />dye or other similar substances on public or private buildings, structures or places <br />which are not authorized by the propeliy owner or possessor or which are not <br />permitted under the city's codes and ordinances. Graffiti shall include any form of <br />drawings, writings, marking or inscriptions regardless of the content or the nature of <br />materials used in the commission of the act. <br /> <br />(b) Violator means any and all persons who commits the act of placing Graffiti within <br />the City limits, as prohibited by this Code. <br /> <br />U:\LEGISTLA TION\Draft Ordinances\2006\Graffiti 05 I 006.doc <br /> <br />Page I of4 <br />