DATE: September 15, 2014 REPORT NO. CD TYPE OF REPORT: CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ]

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1 DATE: September 15, 2014 REPORT NO. CD TO: FROM: Chair and Members Committee of the Whole Community Services Gregory Dworak, General Manager Community Services 1.0 TYPE OF REPORT: CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC: Graffiti Management Strategy 3.0 RECOMMENDATION: A. THAT Staff Report CD Graffiti Management Strategy BE RECEIVED for information; and B. THAT staff BE DIRECTED to include the financial component of the Graffiti Management Strategy, outlined in Staff Report CD , as an Unmet Need in the 2015 Operating Budget. 4.0 PURPOSE: To provide City Council with options for the regulation and control of graffiti within the City of Brantford. 5.0 BACKGROUND: City Council at its meeting of June 23 rd, 2014 approved the following resolution: WHEREAS the City of Brantford is committed to providing a safe community for all citizens; and WHEREAS graffiti and tagging is destructive of the rights and values of public and private property owners as well as the community as a whole; and

2 September 15, 2014 Page 2 WHEREAS property owners of both public and private property incur tremendous expense in the removal of graffiti and tagging; and WHEREAS the City of Brantford declares that the existence of graffiti and tagging on public and private property is a public nuisance as it is destructive of the rights and values of property owners as well as the community as a whole and is a detriment to the health, safety and welfare of its citizens; and WHEREAS the City of Brantford finds it necessary to implement a program to deter and enforce the removal of graffiti and tagging; NOW THEREFORE BE IT RESOLVED THAT staff BE DIRECTED to develop a plan for the deterrence and removal of graffiti and tagging on public and private property within the City of Brantford; and THAT a report BE BROUGHT back to Committee of the Whole Community Services meeting in August 2014 for consideration. 6.0 STRATEGIC PLAN CONTEXT: Goal # 4 Excellence in Governance and Municipal Management 7.0 INPUT FROM OTHER SOURCES: City staff from various departments met in preparation of this report and to discuss options, provide input and discuss issues associated with graffiti on both public and private properties. The departments involved in the preparation of this report are listed below. Building Services Police Services Operational Services Park Services Facilities and Asset Management Brantford Power Social Services Economic Development & Tourism This report will be presented to the Parks and Recreation Waterfront Advisory Committee.

3 September 15, 2014 Page ANALYSIS: 8.1 Overview Graffiti has become a very unsightly and frustrating problem for streetscapes of many municipalities. The continuous unauthorized painting of traffic signal boxes, power transformers, signs, walls, bridges and other associated structures diminishes the quality of the City s image and in many ways becomes pollution itself. Graffiti is a common problem within the City of Brantford that many City Departments deal with on a fairly regular basis. In most cases funding has not been specifically budgeted to respond to this problem but as this issue continues to escalate, funding options will be required. 8.2 Graffiti Definition In order to determine what graffiti is, staff suggests that a definition of the term is necessary. Based on research by staff, the following is a definition of graffiti: Graffiti is an unauthorized and deliberate defacement of property and includes markings, of one or more letters, symbols, marks, designs or drawings placed on any structure, place or thing without the consent of the property owner. Graffiti can be accomplished with such a range of media as paint, spray paint, felt pens, acid, lava rock, sand paper, pumice stone, exacto knives, and stickers. Graffiti is usually found in high traffic locations where others can see the message that is intended to be relayed. Graffiti is an undesirable problem that diminishes the appearance of local neighbourhoods and the downtown. 8.3 Graffiti Overview Graffiti is not a victimless activity. Property owners incur costly expenses for the removal of graffiti from their property. Over time, the repeated application and removal of graffiti can cause damage to a surface or building. The presence of graffiti can also seriously affect the quality of life for local residents. Left alone, graffiti can create an impression that a neighbourhood or community is uncared for or unsafe, and that there is disorder and lawlessness. It can contribute to the decline in property values and can generate the perception of increased crime and fear of gang activity. This will discourage legitimate users from the area and may invite other types of vandalism and crime. Graffiti can be personally damaging if it conveys hatred or discrimination. If graffiti covers messages on traffic signs or other forms of public advisory, public safety could be compromised.

4 September 15, 2014 Page Current Practices for the Removal of Graffiti The City s Parks Department currently removes graffiti from many of its parks and park structures, playgrounds and signs. Parks, such as the skate park at Brant s Crossing, are a constant target for graffiti artists as are the numerous tunnels and bridges along the trail system. The Parks Department has a limited budget to respond to graffiti but does clean sites on a fairly regular basis. In most cases this cleaning is performed by qualified City staff. The department is outfitted with graffiti removal equipment and materials. Other City Departments do not currently budget for graffiti removal and base the expense in an operating account for general maintenance. The City Traffic Department is faced with graffiti exposure on traffic boxes, road signs, and light posts. It is estimated that of the 140 traffic boxes in the City at least 100 have been tagged or received some form of graffiti. The Traffic Department also maintains an inventory of 24,000 signs throughout the City. When these signs are tagged the removal process must be delicate as defacing the sign through the use of chemicals will result in its replacement. The average cost of replacing a traffic sign is $19.00 per sign. The Operational Services Department is faced with various graffiti on City bridges and overpasses and generally contracts this service out. The Facilities and Asset Management Department does much the same and contracts out all graffiti removal work, where required. Graffiti removal from public art monuments is handled by the Economic Development and Tourism Department, in co-operation with the Parks Department. Depending on the nature of the vandalism, qualified conservators may need to be contracted to perform this task. Graffiti is currently removed from City property when possible, timelines for removal have not yet been established and in most cases it s based upon the availability of staff or contractor. 8.4 Private Property Graffiti reported on private property will result in a more complicated process to expedite removal. Currently the Property Standards Bylaw regulates the maintenance and appearance of property; however it is subject to minimum time periods (19 days) and appeals as set forth in the Ontario Building Code Act. A stand-alone public Bylaw for nuisances (such as graffiti) would be necessary in order to expedite the process.

5 September 15, 2014 Page 5 The Cities of Cambridge and Vaughan have passed such Bylaws with respect to public nuisances. The City of London has taken it even further and prevents the sale of graffiti implements (aerosol paint cans and markers) to minors. 8.5 Graffiti Strategy A graffiti management strategy can be developed to combat graffiti vandalism in Brantford. A successful strategy should include multiple elements which work together to ensure success. These elements may include: graffiti eradication, graffiti enforcement, public education on graffiti, graffiti prevention, and identification and deterrence of graffiti vandals. It must include the participation of many stakeholders from the community, including property owners, school boards, youth, the business community, as well as City staff. 8.6 Eradication Rapid removal is the best form of graffiti eradication and prevention. Studies have shown that removal within 24 to 48 hours results in close to a zero rate of reoccurrence. Removal ensures that the vandal s search for recognition is not met and sends the message that graffiti vandalism will not be tolerated. Vandals will eventually get the message and they will move on. If the graffiti is left, the vandals will assume that their tags will stay up just as long the next time, which is why they will return to the same site. When the vandals realize their graffiti will not stay up, they become discouraged from further tagging. A City Graffiti Bylaw would be necessary to promote this rapid removal process. The Bylaw would require property owners, including the City, to remove hate and profane graffiti from their property within 48 hours, and all other types of graffiti within 14 days of notification by the City. Non-compliance would result in the City removing the graffiti at the owner s expense. Any graffiti removal not repaid to the City by the end of the year would be added to the property taxes the following year. Repeated non-compliance would attract a minimum fine of $500. The City of Burnaby conducted a survey of seven municipalities with graffiti control bylaws and found that bylaws are straight-forward to administer, and have helped to control graffiti. They also found that in the majority of the cases, property owners do comply with the bylaw. The City should take a leadership role when it comes to graffiti eradication. It will need to show that the City will also take a no tolerance policy and adhere to the rules of the bylaw by prompt and thorough removal of graffiti on its own property.

6 September 15, 2014 Page 6 A bylaw enforcement officer could potentially be retained to coordinate the offenses, notification to property owners, and charges where required. This officer would work closely with staff and the Brantford Police Services in the identification, documentation and removal of graffiti throughout the City. 8.7 Enforcement It is important that a graffiti bylaw is strictly enforced in the early phases of the Graffiti Management Strategy to suppress crime and reduce threats to community safety and security, whether those threats are real or perceived. Graffiti vandalism on private or public property without the consent of the owner is a criminal offence and the Brantford Police should be strict about issuing this charge. Procedures will need to be put into place to confirm and photographically record reported graffiti. This is essential for serving property owners with notices to remove the graffiti, monitoring responses to the notices, removing the graffiti at the owner s expense if compliance with the bylaw is not forthcoming, and to liaise with the Brantford Police in order to facilitate identification of vandals. A centralized database, contributed to by all partner agencies should be developed to assist in the tracking and management of graffiti vandalism in Brantford. Graffiti Reporting Line One of the main components of graffiti eradication is finding the locations where graffiti has occurred. In order to identify all locations of graffiti vandalism, assistance will be needed from the public. Reporting by the public could be enhanced by adding an easy-to-find graffiti reporting feature on the City s website. Reports regarding graffiti on City and public property would then be relayed to the appropriate City staff for prompt graffiti removal and notification to property owners. Additionally, the Brantford Police Service currently has the ability for citizens and city departments to report graffiti and vandalism, where there is no suspect, online on the Brantford Police website. City departments and citizens are encouraged to take the few moments required to submit an online report for graffiti incidents that are not: violent, hate-based or gang related. If the reporter is in doubt about the nature of the grafitti, the report can be called in and an officer dispatched to investigate. 8.8 Education The Graffiti Management System will need to focus much of its attention on community education. Certain goals may include: raising awareness about the negative impact and costs associated with graffiti, the importance of timely removal, informing that graffiti is an illegal act, promotion of a zero tolerance attitude towards graffiti in the community, encouraging the active participation of

7 September 15, 2014 Page 7 community members in the prevention and eradication of graffiti, engaging the youth in creating and delivering preventative educational campaigns. Tagger profiles indicate that the main culprits of graffiti vandalism are male youth. Many begin their career around Grade 8. The Brantford Police Service is currently developing an anti-graffiti program which will be delivered to students in Grades 6, 7 and 8 by the School Safety Officer at the Children s Safety Village. Anti-graffiti presentations will also be developed to be delivered by the High School Resource Officers to students in Grades 9 to 12. Additionally, the Crime Prevention Officer will offer information to the community on graffiti prevention and how to respond to graffiti vandalism. 8.9 Prevention This is best accomplished at the design stage using textured surfaces or limiting the surfaces to write on. Where the environment has been already built, graffiti is best prevented by ensuring proper maintenance and the strategic use of: plant materials, murals, and protective coatings over walls. Ivies and plant species with thorns should be used, but large plantings where sightlines are blocked around windows and doors, or create hidden spots next to walkways, should be avoided. Thought should also be given to graffiti resistant wraps and materials for use on City mailboxes, stop signs, light poles, and any other suitable areas. Paint Supply Companies Studies have found that the paint and other supplies used in creating graffiti is stolen. Graffiti prevention initiatives should be considered in which retailers are advised of this fact and are requested to display such products in a way which reduces opportunities for theft. This type of initiative would not only help to reduce the amount of graffiti appearing in the community, but would save the retailers money as well. Murals Certain areas within the City which are plagued with repeated graffiti vandalism should have consideration given to the idea of a large wall mural. Murals often deter graffiti from appearing on the structure and can help to brighten up a neighbourhood. The mural should be developed within the parameters of the City's Public Art Program. An artist-led community mural project would be a possible means of engaging the community in graffiti eradication and public art development Legal Walls Some communities have tried the implementation of legal walls, which provides an area for graffiti artists to use as a canvass for their work. These communities have found them ineffective at preventing graffiti. Well intentioned, legal walls

8 September 15, 2014 Page 8 send a mixed message and often cause more harm than good. They may appear to work at first, but after a period of time, the surrounding areas also become covered with graffiti. Cities with legal walls also showed no decrease in the number of arrests for graffiti vandalism Identification and Deterrence of Graffiti Vandals Identification In order to enforce a proposed Graffiti Bylaw, it will be necessary to photograph and catalogue all instances of reported graffiti in Brantford. For images to be accepted in court as evidence against a graffiti vandal, precise photographic standards must be observed. Information on incidents of graffiti could be shared on a centralized graffiti image database. Graffiti tags can contain many clues to the identity of the tagger, and a photographic database enables police to continue to examine those clues long after the offending tag has been removed in order to discourage the vandal. Deterrence Some youth who enter into the court system are required to undertake community service as restitution for their crimes and are monitored through St. Leonard s Community Services. A program specific to graffiti deterrence may be considered for further development/support through the Safe Brantford initiative. Young persons would be diverted to arts programs and community organizations that educate, coach and mentor youth. Activities may include: assisting in graffiti removal, creating public murals, or attending art forums Double-Victimization Consideration needs to be given to the financial support of victims of graffiti vandalism. There is the potential for double victimization of property owners when bylaws force them to remove graffiti. In order to address such concerns, and to encourage compliance with the bylaw requirements, many municipalities offer assistance to graffiti victims in the form of free or price reduced/at-cost paint, graffiti removal kits which contain a variety of tools to assist with removal, and sponsorship of community graffiti clean-up events. Some municipalities will financially sponsor non-profit groups which take on the responsibility of free graffiti removal on private property. Graffiti eradication is a complex issue that will require many agencies and members of the Brantford community to come together in order to find a solution Response to Graffiti Clean up Staff suggests that a centralized system would be the best option for responding to graffiti concerns in order to provide a standardized response which would be more consistent than that of individual departments. The submission of

9 September 15, 2014 Page 9 complaints would be dispatched through a single department that would respond to City wide concerns. Information would be recorded with hired staff dealing with graffiti removal on City property and the graffiti enforcement officer dealing with private property complaints. The recording of information and documentation of the graffiti, including pictures, will be an important process in that graffiti data bases will need to be created. The Brantford Police currently maintains such a data base. In order for staff to respond to graffiti complaints, a vehicle is necessary that is fully equipped with graffiti response material and tools. This will permit staff to respond and to remove the graffiti in a timely fashion. Staff proposes that the amount of graffiti currently located in the City would warrant a permanent crew of City staff to deal strictly with graffiti removal. These employees could be based out of one operational sections and respond to graffiti vandalism across the City. The proposal would include a complement of at least two full time employees, trained in dealing with graffiti vandalism. In addition, this crew should be complemented with at least one seasonal or summer employee that will be trained with a similar understanding of the graffiti response procedures. Such a crew of at least three employees would be able to cover off vacations and sick leave where required. 9.0 FINANCIAL IMPLICATIONS: 9.1 Proposed Costs The costs associated with Graffiti management as outlined in this report are estimated as follows: Bylaw enforcement officer $ 60,000 Graffiti removal crew Full Time (2) positions $112,000 seasonal (1) position $22,000 Materials $ 40,000 Contracted services $ 25,000 Vehicle (one time expense) $ 30,000 Total $289,000 Annual operating expense $259,000 If desired by Council the costs outlined above could be incorporated into the 2015 operational budget as an unmet need.

10 September 15, 2014 Page CONCLUSION: The management and control of graffiti within the City will involve a multi-phased process which will include elements such as a public educational campaign, private property enforcement, graffiti identification, and operational response. The task will require a close working relationship between various City departments including, Police Services, Parks and Recreation, Operational Services, Facilities and Asset Management, Economic Development and Tourism, and Building Departments, including the possible creation of a staff graffiti task force. The current staff complement and operational needs do not permit staff to respond to graffiti in a timely fashion. Additional resources are required in order to manage graffiti on private property as well as responding to graffiti on City properties. Funding for this initiative could be considered as part of the 2015 budget process if so desired by Council. Brian Hughes, Director of Park Services Greg Dworak, MCIP, RPP General Manager, Community Services In adopting this report, is a bylaw or agreement required? If so, it should be referenced in the recommendation section. Bylaw required [ x ] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ X ] no Is the necessary bylaw or agreement being sent concurrently to Council? [ x ] yes [ ] no