Chapter 14B.85 Graffiti Materials and Sales

For the purposes of this Chapter, the terms used in this Chapter shall be defined as provided in this Section:

A.  Manager: means the Manager is the City official, or designated representative, responsible for the administration of the Graffiti Nuisance Abatement program under Chapter 14B.80.

B.  Paint pen.  A tube, marker, or other pen-like instrument with a tip of one-quarter (1/4) inch in diameter or greater that contains paint or a similar fluid and an internal paint agitator.

C.  Graffiti material.  Any can of spray paint, spray paint nozzle, paint pen, glass cutting tool, or glass etching tool or instrument.

D.  Spray paint.  Any aerosol container that is made or adapted for the purpose of applying paint or other substance capable of defacing property.

E.  Spray paint nozzle.  A nozzle designed to deliver a spray of paint of particular width or flow from a can of spray paint.

A.  Picture Identification and Tracking.

1.   Any person who owns, conducts, operates, or manages a business where graffiti materials are sold shall obtain current and acceptable identification when selling graffiti material to any person.  The purchaser shall sign a sales form that tracks the graffiti material by lot number.  The seller completing the transaction shall initial the sales form, confirming that the purchaser is presenting acceptable identification that belongs to and is the same person as the purchaser.  The entire sales form is subject to disclosure pursuant to Oregon Public Records Law.

2.  The seller shall maintain a log of all sales of graffiti materials.  The log shall include the names of purchasers, a description of the graffiti material sold to the purchaser, the invoice or sales form number for the sale and the date of the sale.  The seller shall maintain the log for a period of two years from the date of the sale.  Upon presentation of official identification, any representative of the Portland Police Bureau or any designated representative of the Manager may enter the business location of a business where graffiti materials are sold to ensure compliance with the provisions of this Chapter.  The inspection shall be for the limited purpose of inspecting the business location, and the log maintained by the seller to determine compliance with the requirements of this Chapter.  Any inspection under this Section shall be authorized to occur only during normal business hours of the business location.

3.  For purposes of this Chapter, “acceptable identification” shall mean either a valid driver’s license, a State of Oregon Identification Card issued by the Department of Motor Vehicles, or a valid government-issued identification card and a second piece of identification one of which has a photograph of the purchaser.  The employee completing the transaction must visually confirm that the photograph on the identification document is of the person presenting the identification and to whom the graffiti materials are being sold.

B.  Display and Storage.  As of November 1, 2007, it shall be unlawful for any person who owns, conducts, operates, or manages a business where graffiti materials are sold or who sells or offers for sale any graffiti material to store or display, or cause to be stored or displayed graffiti material in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.  This Ordinance shall not be construed to preclude or prohibit the storage or display of graffiti material in an area viewable by the public so long as such items are not accessible to the public without employee assistance.

A.  The Manager may file a complaint with the Code Hearings Officer, as provided under Section 22.03.020, for any violation of the provisions of this Chapter, asking the Code Hearings Officer to impose civil penalties as provided in this Section.  Having made a determination to ask that the Code Hearings Officer to impose civil penalties as provided by this Section, the Manager shall give the person written notice of the determination by causing notice to be served upon the person at their business or residence address.  Service of the notice shall be accomplished by mailing the notice by regular mail, or at the option of the Manager, by personal service in the same manner as a summons served in an action at law.  Mailing of the notice by regular mail shall be prima facie evidence of receipt of the notice.  Service of notice upon the person apparently in charge of a business during its hours of operation shall constitute prima facie evidence of notice to the business owner.

B.  The Code Hearings Officer may impose civil penalties of up to $5,000 for any person’s first violation of this Chapter.  The Code Hearings Officer may impose civil penalties of up to $15,000 for second violations of this Chapter by the same person.  The Code Hearings Officer may impose civil penalties of up to $25,000 for third or additional violations of this Chapter by the same person.

C.  In determining the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the Code Hearings Officer shall consider:

1.  The extent and nature of the person’s involvement in the violation;

2.  The economic or financial benefit accruing or likely to accrue as a result of the violations;

3.  Whether the violations were repeated or continuous, or isolated and temporary;

4.  The magnitude and seriousness of the violation;

5.  The City’s costs of investigating the violations and correcting or attempting to correct the violation; and,

6.  Any other factors the Code Hearings Officer may deem to be relevant.

D.  The Manager’s decision to file a complaint under subsection A seeking civil penalties for any violations of this Chapter shall be an exclusive choice of remedies for enforcement of the requirements of this Chapter for those violations.  In such cases, no criminal penalties may be imposed under Section 14B.85.040.

Except as provided in Section 14B.85.030, the intentional or knowing violation of any provision of this Chapter is punishable upon conviction by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.