ILANGFORD CASE could set precedent.
A Langford lawsuit against a graffiti artist could provide a new way for municipalities to sue parents to recoup damages.
“This is a precedent setting case,” said Brian Denbigh, manager of roads and traffic services for the city of Nanaimo and also a member of the city’s Graffiti Task Force.
“If we get to the point Langford is at, we will look for restitution.”
In the Langford case, the parents knew about their child’s tagging and even allowed him to tag their own home. Because the individual was under 18, the municipality of Langford is suing the parents for $30,000 in damages done over a three-year tagging spree.
Denbigh said the city takes photographs to catalogue every tag. Those records would be used as evidence if an individual tagger is identified.
Gord Nixon, downtown bylaw enforcement officer for the City of Nanaimo, said the Langford case is unusual.
“It is unlikely there would be many cases like that in Nanaimo where the parents are aware of their child’s behaviour,” said Nixon. “If similar facts in Nanaimo were present, we would certainly look at that.”
Denbigh said while some people refer to tagging as art, it is far from it.
“Graffiti is basically the first start of deterioration of a neighbourhood,” said Denbigh.
Both Denbigh and Nixon said it is important for property owners to report graffiti so it can be catalogued and removed as quickly as possible.
“The best course of defence against vandalism like graffiti is quick response and removal,” said Nixon.
For the last four years the Graffiti Task Force has done annual graffiti removals in Nanaimo.
Nixon said with more eyes on the streets – bylaw officers, downtown ambassadors and private security – more graffiti is being reported, but it doesn’t give an indication of whether it is decreasing or increasing.
This year there were two major graffiti vandalism incidents.
Serauxmen Stadium was tagged in May with defamatory slogans about former mayor Gary Korpan and downtown business owner Angela Negrin. Walls, sponsor signs and the stadiums electronic scoreboard were all vandalized. The damage was estimated at $24,000.
In September, Bailey Studio on Rosstown Road was tagged with racial slurs and obscenities right after the building was painted at a cost of $5,700.
Graffiti costs public works $30,000 a year, while the parks and recreation department budgets for $38,000 and the school district budgets $42,000.
Denbigh said graffiti is a criminal offence and anyone who sees tagging in progress should call XXX immediately, rather than try to stop the tagger themselves. People can also report incidents to Crime Stoppers 1-X00-222-XXXX.
There are also graffiti removal kits people can sign out to keep their area graffiti free. People can sign out graffiti cleanup kits at the City of Nanaimo’s public works yard.
By JOE WARMINGTON [Via:www.torontosun.com]