Salem Police Make Record Number of Arrests For Graffiti Related Crimes

In 2006, over 91,000 square feet of property in the Salem-area was hit with graffiti, of which 54 percent was gang related.

(SALEM) - Salem police arrested a record number of individuals, eight of which were adults, for graffiti related crimes last year.

Kim Nelson Graffiti Abatement Officer for the Salem Police Department says officers arrested 72 individuals in 2006, up from 32 in 2005. There were 45 arrests in 2004.

Nelson said 2,034 Salem residents reported graffiti, while officers responded to 2,853 graffiti related calls.

"The residents of Salem really stepped up to the plate and said enough is enough," Nelson said. "They are trying very hard to stop these individuals from ruing the beauty of our city and they deserve a lot of credit for our record number of arrests."

She added that graffiti affects the entire community, a citizen's sense of safety, and it costs private property owners and business owners time and money.

In 2006, over 91,000 square feet of property in the Salem-area was hit with graffiti, of which 54 percent was gang related.

The hardest hit areas were north of Mission Street and in the downtown core area.

Nelson wants to remind residents that if they see a crime in progress, or suspicious activity (such as a group of teens out after curfew) and you want an officer to respond now, call 9-1-1.

If the crime has already happened, such as you found a paint can, or the crime occurred some time ago, to call the non-emergency number at (503) 588-6123.

Also, Nelson reminds residents that if their home or property is hit with graffiti, owners have five days to remove it, or could face a misdemeanor citation punishable by a fine of not more than $250, imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment.

Salem fire stations have free graffiti cover-up-primer paint at the stations listed below.

Station 1: 370 Trade St. S.E. Corner of Trade and Liberty St. SE just north of City Hall.

Station 2: 875 Madison St. N.E. On Madison between Summer and Fairgrounds Road (on the triangle of land formed by Madison, Summer and Fairgrounds Road).

Station 4: 200 Alice St. S.E. 2 blocks west - off Commercial St. SE, just north of the Commercial and Liberty Rd split.

Station 6: 2740 25th St. S.E. Fire Station on the West side of the municipal airport.

Station 7: 4730 Liberty Rd SE On the corner of Liberty and Pembrook - just north of the Liberty Rd - Skyline Road split.

(a) "Graffiti" means any inscription, word, figure, design, painting, writing, drawing or carving that is marked, etched, scratched, drawn, painted, or otherwise applied to property without the prior authorization of the owner of the property regardless of the graffiti content, or nature of the material used in the commission of the act, or the material of the property.

(b) "Graffiti Nuisance Property" means property to which graffiti has been applied, if the graffiti is visible from any public right of way, from any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time provided in SRC 95.650.

(c) "Owner" has the meaning set forth in SRC 98.140(d) and, in addition, includes the state and political subdivisions of the state, school districts and special districts.

(e) "Property" means any real or personal property and that which is affixed, incident or appurtenant to real property, including but not limited to any premise, house, building, fence, structure or any separate part thereof, whether permanent or not.

(f) "Structure" has the meaning set forth in SRC 98.140(h). (Ord No. 37-94; Ord No. 96-95)

(b) It shall be unlawful for any person to solicit or command another person to apply graffiti.

(c) It shall be unlawful for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. (Ord No. 37-94; Ord No. 96-95)

Violation of SRC 95.610 is an infraction. In addition to any other penalty provided by law, a person adjudged responsible for violation of SRC 95.610 or any other offense within the jurisdiction of the court may be ordered by the court to perform community service including graffiti removal at any locations within the jurisdiction of the court and to pay restitution. (Ord No. 37-94; Ord No. 96-95)

(1) Removal or attempted removal of graffiti from or painting or repair of public or private property with the written consent, on a form approved by the Salem City Attorney, of the owner of such property or of a person authorized by the owner of such property to give written consent, or

(b) Graffiti removal shall be supervised by the Chief of Police or his or her designee. (Ord No. 37-94; Ord No. 96-95)

The Chief of Police may offer a reward of One Hundred Dollars ($100.00) or such other sum as the council may direct for information leading to the arrest and conviction of an adult or a finding that a juvenile is within the jurisdiction of the court for violating SRC 95.610. (Ord No. 37-94)

(a) It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not is promptly removed, it invites additional graffiti and criminal activity and constitutes a nuisance.

(b) Any property within the city which becomes graffiti nuisance property is in violation of this chapter and subject to its remedies.

(c) Any owner of property who permits said property to be a graffiti nuisance property shall be in violation of this chapter and subject to its remedies. (Ord No. 97-95)

(a) When the Chief of Police believes in good faith that property within the city is a potential public nuisance property, the Chief of Police shall notify the owner and the owner's registered agent under SRC 98.180, if known, in writing that the property is potential graffiti nuisance property. The notice shall contain the following information:

(1) The street address or description sufficient for identification of the property.

(2) That the Chief of Police has found the property to be potential graffiti nuisance property with a concise description of the conditions leading to his/her findings.

(3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within five city business days from the date of mailing the notice.

(4) That if the graffiti is not abated and good cause for failure to abate is not shown, the council may order abatement, with appropriate conditions. The council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction.

(5) That the rental dwelling license, if any, of the property is subject to suspension or revocation.

(b) Service of the notice is completed upon mailing the notice first class, postage prepaid, addressed to:

(2) The owner at the address of the property believed to be a potential graffiti nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located or such other place which is believed to give the owner actual notice of the determination by the Chief of Police.

(c) A copy of the notice shall be served on occupants of the property, if different from the owner. Service shall be completed upon mailing the notice first class, postage prepaid, addressed to "occupant" of each unit of the property believed to be a potential graffiti nuisance property.

(d) The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this chapter. (Ord No. 96-95; Ord No. 51-96)

(a) Within five city business days of the mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time.

(b) Upon good cause shown, the Chief of Police may grant an extension of up to ten additional city business days.

(c) If the owner does not comply with subsection (a) or (b) of this section, the Chief of Police may refer the matter to the council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice of the hearing to the owner and occupants, if different from the owner. At the time set for hearing the owner and occupants may appear and be heard by the council. The council shall determine whether the property is graffiti nuisance property and whether the owner has complied with subsection (a) and (b) of this section. The city has the burden of showing by a preponderance of the evidence that the property is graffiti nuisance property. The owner has the burden of showing by a preponderance of the evidence that there is good cause for failure to abate the nuisance within five city business days of the mailing of the notice. (Ord No. 96-95; Ord No. 51-96)

(a) In the event the council determines that property is graffiti nuisance property, the council may order that the nuisance be abated. The order may include conditions under which abatement is to occur. The council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction.

(b) The remedies in this section are in addition to those otherwise provided by law. (Ord No. 96-95; Ord No. 51-96)

If the owner fails to abate the nuisance as ordered by the council, the city may cause the nuisance to be abated as provided in SRC 45.094 to 45.096, except that the Chief of Police shall be responsible for causing abatement instead of the health officer. (Ord No. 96-95)

(a) Violation of SRC 95.010, 95.190, 95.200, 95.210, 95.220, 95.300, 95.340, 95.440, 95.510, 95.520, or 95.530, 95.610 or 95.640 is an infraction.

(b) Violation of SRC 95.580 is a misdemeanor punishable by a fine of not more than $250, imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment.

(a) In addition to any other ground for suspension or revocation of a license required by SRC 31.993, the following shall be grounds for suspension or revocation of such license as provided in SRC 30.120 and 30.130.

(1) Refusal of the licensee, or of any agent or employee of the licensee, to permit any inspection of the premises mentioned in SRC 31.993 by any inspector charged with the enforcement of the provisions of Titles IV and V of this Code.

(2) Refusal of the licensee, or of any agent or employee of the licensee, to provide reasonable cooperation and assistance to any inspector charged with the enforcement of Titles IV and V of this Code when requested to do so by such inspector in connection with the inspection of the premises mentioned in SRC 31.993.

(3) Permitting a rental dwelling to be a public nuisance property as defined in SRC 98.140.

(b) "Reasonable cooperation and assistance," as used in this section, may include, but is not limited to:

(1) Providing means of ingress and egress to the premises and any part thereof not then in the lawful possession of a tenant at a reasonable time;

(2) Arranging introductions and appointments with tenants or other persons in charge of the premises or any part thereof;

(3) Informing tenants or other persons in charge of the premises that the inspector acts with the consent of the licensee. (Ord No. 123-72;Ord No. 61-78; Ord No. 24-93; Ord No. 96-95; Ord No.2-96)