De Soto city officials have adopted an ordinance to deal with graffiti, which is starting to become a problem in the city.
City Manager Todd Melkus said the city previously didn’t have much about graffiti in its ordinances, so Police Chief Jeff McCreary reviewed other cities’ ordinances, and De Soto crafted one based on those.
Under the new ordinance, minors are not allowed to purchase aerosol spray paint in the city or possess it and other graffiti implements around public property.
The City Council voted unanimously April 21 to approve the new ordinance, which states that no person may write, paint, scratch, carve or draw any graffiti on any “walk, rock, bridge, building, fence, gate, other structure, tree, or real or personal property, either publicly or privately owned.”
The ordinance makes it illegal for minors to possess any items commonly used to produce graffiti, such as an aerosol paint container or graffiti stick, on or around school property without permission. It also makes it illegal for any person to possess any graffiti implement while around a public facility, park or other public structure owned by the city or within 50 feet of an underpass, bridge abutment, storm drain or similar types of infrastructure.
The ordinance further states that those who sell aerosol spray paint need to ask customers for identification to make sure they are not selling to minors. A store must place a sign in clear view near aerosol spray paint that states, “Graffiti is a crime. The defacing of public or private property is punishable by a fine or imprisonment.”
The ordinance states any person found guilty of violating the graffiti ordinance could be fined up to $500, incarcerated up to three months in jail, ordered to pay restitution and ordered to complete at least 30 hours of community service. If the defendant is a minor, a parent must attend at least 50 percent of the community service.
Melkus said the issue was brought to him in April when graffiti was found in an alleyway. McCreary said the Police Department has identified suspects in that incident and are seeking charges.
“Over the past couple of years, we’ve just had a few groups that have caused some problems,” Melkus said. “This gives us a little bit more leverage to punish them.”
McCreary said the Police Department will use some of its funds to purchase the required signs for the stores that sell aerosol spray paint. He estimated it would cost less than $100 to buy the signs.
He also said he will reach out to De Soto business owners to seek approval for the Police Department to paint over graffiti as it pops up.
“It (painting over graffiti) is kind of a proven method that a lot of cities use to combat (graffiti),” he told the City Council.