City of Madison - File #: 02746

• File #: 02746
• Version: 2
• Name: Scratchiti
• Type: Ordinance
• Status: Passed
• File created: 1/11/2006
• In control: PUBLIC SAFETY REVIEW COMMITTEE
• On agenda: 3/21/2006
• Final action: 3/21/2006
• Enactment date: 4/7/2006
• Enactment #: ORD-06-00032
• 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
• Sponsors: Zachariah Brandon, Lauren Cnare, Larry Palm, Noel T. Radomski, Paul E. Skidmore

Date	Ver.	Action By	Action	Result
3/21/2006	2	COMMON COUNCIL	Adopt	Pass
3/14/2006	2	PUBLIC SAFETY REVIEW COMMITTEE	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
3/7/2006	2	Attorney's Office/Approval Group	Approved As To Form
3/7/2006	2	Attorney's Office	Fiscal Note Required / Approval
3/7/2006	2	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES)
3/7/2006	2	Attorney's Office/Approval Group	Substitute Created
2/14/2006	1	PUBLIC SAFETY REVIEW COMMITTEE	Refer For Attorney Review
1/17/2006	1	COMMON COUNCIL	Refer
1/11/2006	1	Attorney's Office/Approval Group	Approved As To Form
1/11/2006	1	Attorney's Office	Fiscal Note Required / Approval
1/11/2006	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
1/11/2006	1	Attorney's Office	Referred for Introduction

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...