Divided Port council outlaws public chalk art

Port Washington officials enacted an ordinance prohibiting graffiti on public and private property Tuesday, officially ending the well accepted practice of residents and visitors creating chalk art on the Jackson Street retaining wall.

The ordinance was prompted by problems stemming from the Jackson Street wall, which became a public art showcase in 2016, when Port resident Barbie Schmit began writing holiday messages there, officials said.

“In some cases, content is an issue. In other cases, it’s what people are using,” City Administrator Tony Brown said, noting some people have used chalk paint, which doesn’t come off easily. “It’s been a recurring problem.”

But council members were split on the ordinance, with aldermen Deb Postl, Mike Gasper, Jonathan Pleitner and John Sigwart voting for it and Paul Neumyer, Dan Benning and Pat Tearney voting against it.

Benning said he doesn’t like the fact property owners must remove the graffiti within 15 days or face a fine.

“I still think it’s an awful burden on a business or property owner,” he said.

City Attorney Eric Eberhardt noted that the cost of removing the graffiti can be recouped through restitution.

Brown noted that aldermen were concerned about the 15-day deadline, so a clause was added to the ordinance allowing the building inspector to extend that time period as long as progress is being made.

The ordinance makes it unlawful for anyone to “write, draw, inscribe, mark, scratch, scrawl, paint, spray or otherwise place graffiti of any kind” on any public or private property without the owner’s consent.

Exceptions are city-sponsored public art activities and “temporary and easily removable” water-soluble markings on streets, sidewalks and other paved surfaces for children’s activities such as hopscotch.