Draft Graffiti Policy

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FIFE COUNCIL
DRAFT GRAFFITI POLICY
1. Introduction
1.1 Fife Council and its partners take the issue of vandalism and graffiti
seriously and aim to address these issues effectively. This draft policy
outlines the Council's proposed response to any graffiti reported in Fife.
1.2 Graffiti can be described variously as the defacement of property, a form
of vandalism, a crime, or, in some cases, street art. Residents may be
alarmed or distressed when their homes, public areas and open spaces
are defaced in this way. The presence of graffiti adds to an atmosphere of
neglect and can increase the fear of crime and reduce perceptions of
safety. There is evidence to suggest that, in line with the ‘broken windows’
theory, where graffiti is left unreported and not removed, this may lead to
further graffiti, vandalism and crime in an area.
1.3 The related issue of fly-posting can have similar effects in local
communities and is therefore included in this policy.
2. Background
2.1 The need for a policy to address the issue of graffiti arose from the fact
that there is currently no consistent Council-wide approach to the
prevention and removal of graffiti. Although individual services have
responsibility for removing graffiti from their own properties, both reporting
methods and service standards differ from service to service.
2.2 A key driver to the development of the policy is the fact that a racist graffiti
procedure has recently been developed to provide a rapid response to the
removal of racist graffiti. It was therefore necessary to develop similar
procedures for other forms of graffiti.
2.3 This work is being undertaken in the wider context of the new antisocial
behaviour strategy, Safer Neighbourhoods, and the vandalism strategy.
3. Aims
3.1 The overall aim of this policy is to create and maintain safer
neighbourhoods in Fife for residents, businesses and visitors by
preventing and managing graffiti and fly posting.
3.2 The desired outcome is to reduce graffiti and fly posting throughout Fife
through the use of rapid removal and other measures to address these
issues.
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4. Aims
4.1 The policy aims to:
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Prioritise the removal of racist and other offensive graffiti
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Remove all other types of visible graffiti in accordance with the agreed
graffiti zones as soon as possible as a deterrent to further incidences.
5. Definition of graffiti
5.1 For the purpose of this policy, graffiti can be described as words, tags,
inscriptions or other designs. These can be painted, sprayed, scratched or
otherwise affixed to any surface or building.
6. Council Procedures
6.1 Detailed procedures/guidelines will accompany the finalised policy. This
will include information on:
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How to, and where to, report - including photos/evidence for detection
Priority removal – Racist/Offensive Graffiti
Zone system
Removal from Council Properties
Removal from private property
Enforcement
Procedure for recharging
Procedure for monitoring and reporting
7. Timescales for removal 7.1 Draft timescales for removal have been produced by Environmental
Services. A copy of these can be found in Appendix 1. These are based
on the litter zones already in use.
8. Legislation
8.1 Fife Council can use the following legislation to enforce removal:
Local Government in Scotland Act 2003
The Local Government in Scotland Act (2003) gives a local authority the
power to do anything which it considers appropriate to promote or
improve the well-being of (a) its area and persons within that area; or (b)
either of those. This new power is generally known as "the power to
advance well-being" or "the well-being power".
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Within the guidance addressing environmental factors is mentioned as an
area where the new power can be used, and this includes the removal of
graffiti.
Antisocial Behaviour etc. Scotland Act 2004
Section 51a - 51h of the Act allows local authorities to serve graffiti removal
notices on the owners of street furniture, property belonging to educational
institutions and certain transport undertakers.
9. Removal of graffiti
9.1 While it is not technically possible to remove all graffiti, the council will
endeavour to remove graffiti wherever possible within the timescales set
out in this policy
9.2 The attached flow charts (Appendices 2 and 3) outline the processes that
will be followed in organising the removal of graffiti in Fife.
Housing Services Properties
Where graffiti is reported on Fife Council Housing Services properties,
staff from the Local Office Network should arrange for its removal. If it is
suspected that graffiti is on a Listed Building confirmation of this should be
sought and advice taken from a Building Inspector prior to removal.
Other Fife Council Properties
Where graffiti is reported on any other council building, details should be
passed to a Buildings Inspector in Facilities to assess the property
prior to removal.
Catering and Cleaning Service
In the first instance a works order for the removal of graffiti should be
passed to Fife Council's Catering and Cleaning Service, which has a
dedicated team of staff who can respond to and remove graffiti.
In some cases, where graffiti cannot be removed using Catering and
Cleaning, a Building Inspector should (re)assess the property and
arrange an alternative method of removal by issuing a works order to
Building Services.
Street furniture and other surfaces
Where graffiti is identified on underpasses, road surfaces, footpaths and
street furniture, reports should be passed on to an inspector in the
Transportation Service to assess the damage and to arrange for
removal.
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Community Services facilities, such as a public park or open space
Where graffiti is reported in public parks and open spaces managed by
Community Services, reports should be passed on to Community
Services who will assess the graffiti and arrange for removal.
Non-Council Properties
Where graffiti is reported on non-council properties or street furniture,
such as utility boxes, details should be passed to the relevant locality
manager within Local Office Network to identify the property owner and
arrange for removal.
Where Fife Council has a pre-arranged agreement with private companies
to remove the graffiti, details should be passed, to the Building Inspector
along with a financial code, to assess and arrange removal.
Where there is no pre-arranged agreement the locality manager should
make initial contact with the property owner to request removal.
Where the property owner is unwilling to remove graffiti a warning letter
should be issued under the power to advance well being. If the graffiti
remains on the property the locality manager should organise its removal
using the enforcement powers available under the power to advance well
being.
Costs of removal should then be reclaimed from the property owner.
October 2005
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