The term 'Graffiti' refers to any tags, pictures, scribbles, or messages that are sprayed, painted, written or carved on any surface.
Graffiti is vandalism and it's become a really expensive problem. Removing graffiti costs the UK over £1 billion a year. Various agencies remove graffiti from walls, street furniture, telephone boxes, bus shelters, monuments and even gravestones.
The way we see our surroundings has a massive impact on both communities and individual behaviour. A neglected physical environment is unsafe. It undermines pride in the local community that can lead to further degradation and can also act as a trigger for other forms of anti-social behaviour to take hold.
Graffiti is
- Illegal and clearing it up costs tax payer's money
- Unsightly giving the appearance of a neglected neighbourhood and is associated with increased levels of crime and the fear of crime. It can discourage investment and new businesses from moving into an area
If you see graffiti you should report it to South Holland District Council and the Police.
If you know someone who repeatedly vandalises property with graffiti or about those selling aerosol paint to children under 16, you should report it to the Police or Crimestoppers, you can contact them by telephone on 0800 555 111
Graffiti is Criminal Damage, regardless of who owns the property. South Holland District Council will document the damage by photographing it and keeping it on file. When the police have caught the perpetrator the evidence will be used in the court case. Therefore it is very important that all graffiti is reported to us as well as the owner of the property.
Responsibility for removing graffiti rests with the owner.
If the graffiti is on property owned by South Holland District Council, we will remove it swiftly. Other councils, for example County Council are responsible for the removal of graffiti on their property such as schools and Parish Councils for their property such as leisure facilities. Also utility companies such as BT are responsible for removal of graffiti from their property.
Private Property
Regrettably the culprits responsible for graffiti have no respect for private houses, shops, walls or fences.
Responsibility for removing the graffiti rests with the owners. Most buildings insurance policies include cover for criminal damage so it is advisable to check with your insurance company before deciding what action to take.
Graffiti Legislation
A neighbourhood blighted by graffiti and fly posting can be visually intimidating for the community and visitors to the area. Powers are available under The Criminal Damage Act 1971 and The Anti-social Behaviour Act 2003 to tackle persistent 'taggers' who deface with their graffiti. It is essential that opportunities for graffiti are minimised and that those who graffiti are challenged and penalised for their action. It is equally important to ensure the graffiti is removed swiftly and perpetrators are prevented from repeating their actions.
Penalties
If the value of criminal damage exceeds £5,000:
- the maximum custodial penalty for those aged 18 or over is 10 years imprisonment,
- the maximum custodial penalty for those aged 12-17 is a detention and training order of up to 24 months.
If the value of the damage is less than £5,000:
- the maximum sentence for those aged 18 or over is three months imprisonment or a fine of £2,500
- For those aged 12-17 there is no custodial provision. A range of community sentences are available to the court such as Reparation Orders and the Final Warning Scheme.
Defacement Removal Notices
These are notices which local authorities can serve on the property owner , owners of street furniture, statutory undertakers such as Network Rail, and educational institutions whose property is defaced with graffiti. These notices require the removal of the specified graffiti within 28 days or the local authority removes it and recovers the costs.
