Fiscal Note
Minimal increase in General Fund revenues.
Title
SUBSTITUTE - Amending Section 23.06 and creating Section 23.065 of the Madison General Ordinances to clarify the distinction between graffiti and scratchiti, to prohibit placing scratchiti or etching acid on public or private property and establishing penalties for these offenses, and amending Section 1.08(3)(a) to establish a bail deposit amount for violations of Section 23.06
Body
DRAFTER'S ANALYSIS: Creating an ordinance that prohibits a person from intentionally placing scratchiti or etching acid on any property. This ordinance creates a definition of scratchiti and etching acid and provides a bail deposit. The substitute also distinguishes scratchiti as different from graffiti.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (b) of Subsection (1) entitled "Definitions" of Section 23.06 entitled "Damage to Property" of the Madison General Ordinances is hereby amended to read as follows:
"(b) "Graffiti" shall mean any writing, printing, marks, signs, symbols,
figures, designs, inscriptions, or other drawings which are scratched, scrawled,
painted, drawn or otherwise placed on any surface of a building, wall, fence,
sidewalk, curb or other structure on public or private property which have the
effect of defacing the property, but shall not include scratchiti as defined in
Section 23.065.
2. Section 23.065 entitled "Scratchiti" of the Madison General Ordinances is hereby created to read as follows:
"23.065 SCRATCHITI.
(1) Definitions. In this section:
(a) "Intentionally" shall mean that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result. In addition, the actor must have knowledge of those facts that are necessary to make their conduct unlawful and which are set forth after the word "intentionally."
(b) "Scratchiti" shall mean any writings, printings, marks, signs, symbols, figures, designs, inscriptions, or other drawings that are etched, carved, scratched, or engraved on any surface of a building, wall, fence, sidewalk, curb, window or other structure on public or private property that has the effect of defacing the property, but shall not include "graffiti" as defined in Section 23.06.(c) "Etching acid" shall mean any liquid, cream, paste or similar chemical substance that can be used to etch, draw, carve, sketch, engrave or otherwise alter, change or impair the physical integrity of glass, metal or other hard surface.
(2) It shall be unlawful for any person to intentionally place scratchiti or etching acid on or into any surface located on public or private property without the consent of the owner of the property.
(3) Any person who shall violate Subsection (2) shall be subject to a forfeiture of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000)."
3. Subdivision (a) of Subsection (3) entitled "Schedule of Deposits" of Section 1.08 entitled "Issuance of Citations for Violations of Certain Ordinances and Providing a Schedule of Cash Deposits" of the Madison General Ordinances is amended by adding therein the following:
"Offense Ord. No. Deposit
Placing of scratchiti or etching acid. 23.065 $1,000"
EDITOR'S NOTE: New or amended bail deposits must be approved by the Municipal Judge prior to adoption. This deposit has been so approved.