Graffiti Policy

The Council's graffiti policy is now available to view. Should you have any comments regarding this policy, please contact us.

1.	Objectives
1.1.	Shepway Council and its partners have developed a Community Plan which sets out a clear, long-term vision for the future of the district. Shepway’s citizens have a range of concerns which include concerns about graffiti and a range of other environmental problems. Supporting the Community Plan, the Council has developed its own plans and objectives.
1.2.	Three of the Council’s strategic objectives as identified in its Corporate Plan are to: Improve the appearance of the district Regenerate our communities Improve services to customers.
1.3.	The Council is judged against a series of national Best Value Performance Indicators (BVPIs). BV199b measures the percentage of streets from which unacceptable levels of graffiti are visible. The current target is to maintain that level at less than 7%.
1.4.	The presence of graffiti can increase the fear of crime, undermine investment and downgrade the appearance of an area. It can add to an atmosphere of neglect and decay and distort perceptions about the actual levels of crime and safety. Tackling environmental crime can increase community confidence and help communities feel more positive about their area.
1.5.	If all existing graffiti is removed it becomes easier to control any new graffiti. The area becomes less neglected and is then less likely to attract new graffiti. New offenders will be easier to catch and the local community can take pride in its area.
1.6.	The purpose of this Policy is to support the strategic objectives. It will do this by improving the appearance of the street environment through the prevention and removal of graffiti, create conditions which encourage investment and respond to the concerns of local residents.

Legislation

2.1.

Graffiti is criminal damage under the Criminal Damage Act 1971. Graffiti removal notice powers were set out in Sections 43-47 of the Anti-Social Behaviour Act 2003. This created the ability to issue penalty notices for graffiti or fly-posting with effect from 31 March 2004. This enables a local authority officer, community support officer, or person accredited by the Chief Constable, to issue fixed penalty notices in relation to minor graffiti offences, with the local authority keeping the proceeds. Sections 48-52 were designed to deal with the removal of graffiti from street furniture, statutory undertakers and educational institutions whose property is defaced with graffiti. Appendix 1 outlines further legislation that applies

2.2.

The Council is working on methods that could be used to identify how individuals might be caught in the act of committing graffiti related offences and how fixed penalty notices would be issued by Council officers. This forms part of an improvement programme (see Appendix 2 - actions 1.0 and1.1) which could include the use of CCTV, covert surveillance, taking witness statements, use of photographic evidence, recognition of graffiti tags, etc. In doing so, the Council will ensure that the necessary authorisations are given as required by the Regulation of Investigatory Powers Act 2000 (RIPA).

3.	Current Procedures
3.1.	Ashford and Shepway have jointly purchased a grimebuster machine in an innovative partnership arrangement. The machine is operated and held by the Kent Probation Area (KPA).
3.2.	This agreement has been in place since March 2006. The service is relatively new and improvements are now being developed (see Appendix 2 for improvement action plan) to refine the service and increase its capability to respond more quickly to requests for graffiti removal.
3.3.	KPA is responsible for the operation, maintenance and insurance of the grimebuster machine as outlined in an agreed operating procedure manual.
3.4.	The Council relies on this third party to carry out the clearance works free of charge. There is no net cost to the Council for labour, however both local authorities will make equal contributions agreed annually for graffiti removing chemicals and other running costs.
3.5.	Offenders on “Community Payback” under the supervision of KPA clean the graffiti and this is seen as an effective punishment that reduces the effect of crime whilst allowing offenders to make reparation to their local communities.
3.6.	Currently the grimebuster machine operates two days in Ashford (Mondays and Tuesdays) and two days in Shepway (Wednesdays and Thursdays). Appendix 2 outlines actions (2.0, 2.1 and 2.2) to improve this area of service as arrangements are currently being made by KPA to increase the number of supervisors available to run the machine to cover times when the current supervisor is unavailable and to ensure that identified Council staff are trained in the use of the machine to assist when required.

4.	Current Removal Policy
4.1.	This policy will apply to all private and public property that, within reason, can be accessed for clearance unless the private owner has sanctioned the display and obtained any relevant planning permission. It does not apply to approved murals or graffiti walls.
4.2.	Residential and Commercial Premises - the service is free but once removed, a notice is left for the owner informing them of the work carried out and requesting a donation. This donation is ploughed back into the running costs of the service.
4.3.	Further work needs to be considered on encouraging residents/businesses and utility companies to take responsibility for removing any graffiti under their ownership (see Appendix 2 - action 3.0). Where this is not possible guidelines are being drawn up to proceed with seeking permission to remove racist, abusive and offensive material. Also the possible introduction of a signed indemnity form to be completed and returned to Shepway District Council should be considered to remove the possibility of liability claims. Where the owner does not grant permission, consideration of appropriate action will be considered (Appendix 2 - action 3.1).
4.4.	The machine will be used to remove graffiti wherever it is practically possible. It cannot be used for work at height or on slippery slopes, although alternative means to address these problems are being explored (Appendix 2 - action 4.0). Folkestone & Dover Water Services Ltd provide the KPA with access to water hydrants when required to help with the operation/use of the machine.
4.5.	There is also the facility to use the Council’s handyman service – although limited this does provide the capability of dealing with urgent problems. The Council’s Environmental Community Officers have hand graffiti wipes and these are used where possible. Hand graffiti kits are also available for use by community groups, and there are other Initiatives (e.g Clean Kent) to clear graffiti at sites that KPA is unable to access (Appendix 2 - action 5.0).
4.6.	Network Rail is contacted about land in its ownership.

Timescales

5.1.

The Council’s policy is that it will remove graffiti from any surface that can be accessed, taking into consideration risk assessments undertaken. Under the Council’s service standards:

Offensive and racist graffiti will be removed or obscured within 2 working days.
All other graffiti will be removed within 28 days of being reported.
Non-offensive graffiti will be prioritised based on the amount of graffiti in particular locations so as to make the most effective use of resources.

How to Report Graffiti

6.1.

The Council will endeavour to make it as easy as possible for the public to report incidences of graffiti. The following are examples:

The website – www.shepway.gov.uk
The Customer Services hotline (01303 858660)
Councillors (01303 853000)
Community wardens (Area office 01797 321884)
The Police (01303 850055)
In person at any of the Council’s offices.

Recording Procedures

7.1.

In the implementation of this policy the Council will seek to obtain:

Date and time when first reported
Address, location of offence, names or descriptions of nearest landmarks eg pub, church and postcode or geographical grid reference.
Digital photograph.
Graffiti type and approximate area of coverage. Any description available as well as distinguishing features. In particular, if the graffiti is racist, offensive or abusive this should be highlighted.
If a resident reports an offence, contact details if they are prepared to give them.
Whether graffiti has been reported to Police in relation to another criminal offence.
Equipment used to carry out the graffiti and surface type if known.

8.	Dealing with requests for graffiti removal
8.1.	Reports of graffiti are handled through the Council’s Environmental Services Section. All complaints will be passed to Customer Services who assign a unique job number to each complaint.
8.2.	Environmental Services will consider all outstanding complaints for prioritisation. These will be passed to KPA on a weekly basis as a list of jobs. Copies of the job sheet together with any photographs will be delivered to the KPA offices (Folkestone Court) every Tuesday.
8.3.	At the end of each week a list of completed jobs will be reported back to Environmental Services by KPA.
8.4.	KPA will provide a monthly summary of jobs completed and a CD of photographs of the graffiti photographed before and after removal (Appendix 2 - action 8.0). These reports will enable information to be collated as a basis for review of service delivery and effectiveness as well as assist by highlighting “hot spots”. They will also assist with the development of a graffiti database for the identification of tags.

Reporting Graffiti

9.1.

A simple procedure for the public will be posted on the website (Appendix 2 action 9.0). This will take the following format:

If you see graffiti please report it via Shepway District Council’s on-line reporting facility or call SDC on 01303 858660
Give as much information as possible stating where the graffiti is and state if offensive.
Your complaint will be assigned a unique job reference number.
This will be passed to the Environmental Health team to be prioritised for clean up.
Your complaint will then be passed to the KPA who use offenders on Community Payback to clean up the graffiti (under strict supervision).
KPA currently work in Shepway on Wednesdays and Thursday’s each week.
Offensive graffiti will be cleaned up ahead of any other complaints. This will be carried out as an urgent job. All other graffiti will be placed in a queue.
Jobs will be batched up in order of receipt and cleared in rotation. If your complaint has not been cleared within 28 days it will move up to the top of the queue and treated as a priority.
Just how many jobs can be carried out each week depends on the location and amount of graffiti. Some sites may be inaccessible and the Council will seek to find other methods for clearance.

10.

Preventative Measures

10.1.

Shepway District Council recognises that enforcement also requires investment in design and/or planning and in certain locations it will seek to implement preventative measures. There are also initiatives in place to work with the community, youth groups and schools to encourage pride within their area and where it is deemed to be more appropriate design effective artistic work to improve the appearance of an area. Schemes have been developed to address particular “hot spots” with commissioned artwork. Schools and community groups could be invited to take part in regular audits of the district (Appendix 2, action 10).

10.2.

Utilising information and data received and recorded, it is planned that a survey will be carried out of “hot spot” areas and periods when graffiti is at its highest (Appendix 2, action 11).

GLOSSARY OF TERMS
Graffiti	This can be defined as drawings, patterns, scribbles, messages or tags, painted, written, carved or applied on walls and other surfaces.
Tag	A term that refers to a stylised signature, normally marked in one colour. The simplest and most prevalent type of graffiti, a tag is often done in a colour that contrasts sharply with its background. Tag can also mean "to sign". Writers often tag on or beside their pieces, following the practice of traditional artists who sign their artwork.
Grime Buster	Graffiti removal machine capable of using high / low pressure/ hot / cold water methods for removing graffiti.
SCOTTIE	Streetscene Coordination Initiative – a monthly multi-agency meeting where enviro-crime and other street scene issues including graffiti are addressed.

Created : Tue,01 May 2007
Updated : -

Shepway District Council

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Graffiti Policy

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