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. D:\106756609.doc 4. Aims 4.1 The policy aims to: Prioritise the removal of racist and other offensive graffiti 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: 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". D:\106756609.doc 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. D:\106756609.doc 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 D:\106756609.doc