Is sidewalk chalk illegal on my apartments walkyway around the lake?

[stlouisx50]

What is the name of your state (only U.S. law)?
Missouri, O'Fallon

We have had a run in with a neighbor that lives right below us. She says her grandson as well as her, find it unacceptable to use sidewalk chalk right out side her bedroom and patio window which is located on a walkway that goes around the lake about 10 feet from her actual apartment.

She states it's an eye sore, vandalism, and graffiti.

There was no real problem until her grandson that is not on the lease came out and yelled that he was sick and tired of the sidewalk chalk next to their building.

Someone stated that it's chalk it comes off, it's kids having fun.

Well that stirred the pot and caused a fuss. I spoke with her and other parents simply stating that it's chalk and it washes off when it rains. Her complaint is that it's an eye sore when she looks out her window. I can agree but it's kids having fun. I offered to have the kids move down the way out of her view and that ended the day. 3 days later I hear her still complaining to other neighbors about the issue. So now I'M even more upset.

My question is sidewalk chalk illegal in my city? As I read it it is, or is it?

32. The presence of any graffiti displayed on exterior surfaces of property. "Graffiti" is hereby defined as any word, phrase, motto, name, design, symbol or picture written, scribbled, painted, drawn, etched or scratched directly onto any portion of public property or onto an exterior surface on private property.

SECTION 220.110: GRAFFITI

A. Purpose. The O'Fallon City Council finds and determines that graffiti is a nuisance and that it is appropriate that the City provide for the removal of such graffiti from both public and private property under the procedures set forth in this Section.

B. Definitions. Whenever the following terms are used in this Section, they shall have the meanings established by this Section:

GRAFFITI: The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

GRAFFITI ABATEMENT PROCEDURE: A procedure which identifies graffiti, issues notice to the landowner to abate the graffiti and provides remedies in the absence of a response.

PRIVATE CONTRACTOR: Any person with whom the City shall have duly contracted to remove graffiti.

C. The City Council hereby declares as a matter of legislative determination that:

1. Graffiti on public and private property depreciates the value of the property, as well as the adjacent and surrounding properties, and negatively impacts upon the entire community.

2. The application of graffiti upon walls, rocks, bridges, buildings, fences, gates, other structures, trees and other real and personal property within the corporate boundaries of the City of O'Fallon constitutes a nuisance; and in the interest of the health, safety and general welfare of the residents and taxpayers of the City, immediate steps must be taken to remove this nuisance.

3. It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as graffiti within the City.

4. When appropriate and in addition to a fine and/or imprisonment, the courts should require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so defaced, damaged or destroyed.

5. The public is hereby encouraged to cooperate in the elimination of graffiti by reporting to the O'Fallon Police Department the incidents of the application of graffiti which they observe.

6. Any person who provides useful information leading to the arrest and prosecution of person(s) who applies graffiti, as outlined in this Section within the City limits, shall be eligible for a reward of up to fifty dollars ($50.00) as determined appropriate by the City Attorney and the City Administrator.

D. Notice Of Removal.

1. Whenever the Chief of Police determines that graffiti exists on any public and private buildings, structures and places which are visible to any person utilizing any public or private right-of-way in this City, be this road, parkway, alley or otherwise, and that seasonal temperatures permit the painting of exterior surfaces, the Chief of Police shall cause a notice to be issued to abate such nuisance. The property owner shall have ten (10) days after the date of the notice to remove the graffiti, or the conditions will be subject to abatement by the City.

2. The notice to abate graffiti pursuant to this Section shall cause a written notice to be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last property tax assessment rolls of the County. If there is no known address for the owner, the notice shall be sent or posted in care of the property address. The notice required by this Section may be served in any one (1) of the following manners:

a. By personal service on the owner, occupant or person in charge or control of the property.

b. By registered or certified mail addressed to the owner at the owner's last known address. If this address is unknown, the notice will be sent or posted to the property address.

3. The notice shall be substantially in the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property located at O'Fallon, Missouri, which is visible to public view, within ten (10) days after the date of this notice; or if the graffiti is not removed or painted over, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. Double the cost of the abatement by the City employees or its private contractors will be assessed upon your property and such doubled costs, if not paid by you within ten (10) days of the abatement, will constitute a lien upon the land until paid.

E. Upon failure of persons(s) to comply with the notice by the designated date, the Chief of Police is authorized to cause the graffiti to be abated by City employees or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purposes.

All reasonable efforts to minimize damage from such entry shall be taken by the City. If City employees accomplish the removal of the graffiti or other inscribed material, they shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located.

F. Any and all costs incurred by the City in the abatement of the graffiti nuisance under the provisions of this Section may constitute a lien against the property upon which nuisance existed. (R.O. 2007 §220.310; Ord. No. 3137 §§1--8, 8-4-94)

[IsabellaSoriano]

what did the owner of the aparment buidling say?

[stlouisx50]

Actually a parent had asked prior to every using a piece of chalk and they said it was allowed.

[Blue Meanie]

Please don't post to 6 year old thread. If you must post to another members thread keep it current and LEGALLY relevant for the state in question.

Thanks.

[stlouisx50]

This thread is not 6 Years old it was started today! LOL

[Zigner]

Seems to me it's illegal:

GRAFFITI: The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

3. It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as graffiti within the City.


And, if your neighbor were so inclined, it seems she could get a bit of money for lunch:

6. Any person who provides useful information leading to the arrest and prosecution of person(s) who applies graffiti, as outlined in this Section within the City limits, shall be eligible for a reward of up to fifty dollars ($50.00) as determined appropriate by the City Attorney and the City Administrator.


(I don't see this as a 6 year old thread...)

[Blue Meanie]

Originally Posted by stlouisx50

This thread is not 6 Years old it was started today! LOL

Yeah..I know.

But the thread you posted to was 6 yeas old. Please don't do that.

[Zigner]

Originally Posted by Blue Meanie

Yeah..I know.

But the thread you posted to was 6 yeas old. Please don't do that.

Blue - are you referring to a DIFFERENT thread?

[Blue Meanie]

Originally Posted by Zigner

(I don't see this as a 6 year old thread...)

Please don't post to 6 year old thread. If you must post to another members thread keep it current and LEGALLY relevant for the state in question.

I was not referring to this thread. I was referring to ANOTHER MEMBERS THREAD that is SIX YEARS OLD that OP felt compelled to post to.

[stlouisx50]

Originally Posted by Zigner

Blue - are you referring to a DIFFERENT thread?

Yeah "Neighbors & Boundaries" is a subthread, not a thread itself. Click on "Neighbors & Boundaries " at the top and it will take you to tons of threads. All I did was click Post new thread.

[Antigone*of*Greece]

Originally Posted by Zigner

Seems to me it's illegal:

GRAFFITI: The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

3. It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as graffiti within the City.


And, if your neighbor were so inclined, it seems she could get a bit of money for lunch:

6. Any person who provides useful information leading to the arrest and prosecution of person(s) who applies graffiti, as outlined in this Section within the City limits, shall be eligible for a reward of up to fifty dollars ($50.00) as determined appropriate by the City Attorney and the City Administrator.


(I don't see this as a 6 year old thread...)

Wow...all this time I had no clue my kid was a vandal.

Hey Zigner...do you remember that idiot graffiti guy named Chaka? It was years ago, but he tagged all over...and I mean all over L.A. County.

I bet you his kids are playing with the chalk right now

[Zigner]

Originally Posted by Wirelessany1

Wow...all this time I had no clue my kid was a vandal.

Hey Zigner...do you remember that idiot graffiti guy named Chaka? It was years ago, but he tagged all over...and I mean all over L.A. County.

I bet you his kids are playing with the chalk right now

Let's not get carried away there Any - the laws posted refer to one town in MO - I haven't researched CA law, nor do I desire to

ETA: Yeah, I remember Chaka

[Blue Meanie]

Originally Posted by Zigner

Blue - are you referring to a DIFFERENT thread?

Yup...Hence my wording:

If you must post to another members thread

[Antigone*of*Greece]

Originally Posted by Zigner

Let's not get carried away there Any - the laws posted refer to one town in MO - I haven't researched CA law, nor do I desire to

ETA: Yeah, I remember Chaka

Cool, then I'll tell my little Em to keep playing artist with her sidewalk chalk!!!

[tranquility]

Ah, America. What a country.

There are three books that came out on the market in the last year having to do with the overcriminalization of society. One, written by the Chief Justice of the 9th circut (Kozinski), claims we have ALL committed felonies per the law. The big legal thinkers on Law Reviews and such are starting to focus on prosecutorial discretion as the real "law" of this country today.

I agree with Zinger this behavior seems to fit the statute. I also believe that if the kids are writing their names and drawing butterflies and lollipops you are never going to find a cop to arrest or a prosecutor to file or a juvenile judge to convict. (Also, we have a problem regarding the age of the children. At some age the law provides there cannot be a mens rea to commit a crime and at an older age there is a rebuttable presumption they cannot. How old are the kids?) Very different matter if there are "bad" words or per se offensive pictures.

That being said, we do live in a society where some of the people are unreasonable and petty. Is this really worth a big old pissing match? Is there really nowhere to draw with chalk that won't anger the woman? Perhaps you can get a broom and a glass of water and clean up when the kids are done playing.