By Amanda Estes

Staff Writer

Local resident and attorney Dave Canarie has been advocating for
revisions to South Portland’s anti-graffiti ordinance since it was
enacted in May. After months of researching municipal ordinances from
around the country, Canarie recently had the chance to present his
findings.

“It’s not uncommon for cities who have enacted graffiti ordinances to
revisit them,” Canarie said, addressing the city council during a
workshop last week. “This won’t be the end of the story. You’re going
to have to continue to fine tune the ordinance.”

The council is expected to vote on the revised ordinance at its Feb. 20 meeting.

Canarie said his issue with the current ordinance is its broad
definition of graffiti implement, which includes “any other device
capable of scarring or leaving a visible mark on any natural or manmade
surface,” and as a result, the potential for individuals to unknowingly
violate the ordinance.

Aerosol paint, broad tipped markers, etching cream, gummed labels and
paint sticks or graffiti sticks are all defined as graffiti implements
in Canarie’s set of proposed revisions. The narrower set of definitions
will also remove some of the burden from merchants who, under the
current ordinance, were essentially instructed to “card” minors
purchasing art supplies, Canarie said.

Applying graffiti to any private or public property without the
permission of the owner would still be prohibited and a person would be
presumed to have intent to make graffiti if they possess one of the
implements in or on privately or publicly-owned property such as school
grounds or a bridge underpass. Because Canarie believes, under the
current ordinance, school-aged children could potentially be breaking
the rules by possessing paint or markers on school grounds, he is
proposing it not be a violation for an individual to possess graffiti
implements on a property with the consent of the owner or in a place
where the tools are intended to be used for a “non-graffiti” activity
including employment, school, home, church, or art class.

Canarie said the “rapid removal” of graffiti is proven to be the most effective way to combat the activity.

“Graffiti attracts graffiti,” he said. “If you erase it, it works against the ego involved.”

When the ordinance first came forward councilors were largely opposed
to a proposal to fine property owners who failed to remove graffiti
from their property within seven days of written notification from the
police department because it unjustly punished the owners.

At the most recent workshop, Canarie proposed if the property owner
does not abate the graffiti within 10 business days of notice from the
city, the property may consequently be deemed a nuisance, which would
allow the city to take enforcement actions. Councilors, however, still
felt the policy unjustly punished property owners.

“We’re still slamming the hammer on the victim,” Councilor Claude Morgan said.

Councilor Tom Blake proposed allowing some leniency for property owners
with extenuating circumstances that would prevent them from removing
the graffiti right away. Blake suggested property owners could submit a
corrective plan to the city manager to avoid their property being
deemed a nuisance.

Councilor Linda Boudreau said it was important to keep some time line in place.

“I just don’t want to see things creeping to months,” she said.

City Manager James Gailey said the city has received a donation of 50
graffiti abatement kits from The Home Depot. The free kits will be
available at the police department this spring, Gailey said..

South Portland Police Officer Jeffrey Caldwell, who helped create the
current ordinance, said the kits will contain commercial graffiti
removal solution, sponges, a face mask, rubber gloves, paper towels and
scouring pads.

Since the ordinance has been implemented, three adults have been
summonsed and fined for putting graffiti on train cars in the Rigby
Railyard. More recently, on Dec. 27, an officer observed a juvenile
applying graffiti and when the officer approached, the juvenile ran.
When the officer grabbed the juvenile, the officer was knocked down and
got a concussion, Caldwell said.

Caldwell said with the proposed changes, the ordinance will be stronger.

“In the beginning it was kind of like my baby so I was a little upset
that they were going after it,” he said. “[But] the definitions are
much better.”

Caldwell said the city may still face some resistance from business
owners, but overall the addition of the rapid removal section will make
for a better ordinance.