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Committee advances amendment to exclude ordinary sidewalk chalk from graffiti definition
Summary
Deputy City Attorney Janice Ashley presented a draft amendment to city code that would remove ordinary water‑soluble chalk markings on streets or sidewalks from the graffiti definition, while adding a definition for industrial "sprayable chalk" and keeping exceptions for utility/survey markings; the committee moved the item to full Council.
The Public Safety Committee voted March 26 to recommend the City Council consider an amendment to the city’s graffiti ordinance that would exempt ordinary chalk marks on streets and sidewalks while explicitly prohibiting industrial‑grade "sprayable chalk."
Deputy City Attorney Janice Ashley said the current code (sections 10‑110 through 10‑115) treats chalk as graffiti unless the markings are part of traditional children's games or a lawful business/public purpose; staff proposed removing chalk from the general definition but adding a definition for sprayable chalk that behaves like spray paint and is difficult to remove.
Ashley cited an appeals case in November in which a resident received a notice of violation for chalk on a public sidewalk; the appeals committee recommended amending the ordinance for clarity, and interim City Manager Ben Woody upheld the notice of violation while waiving the civil penalty. The proposed amendment would permit temporary, water‑soluble chalk on streets and sidewalks provided it does not pose a public‑safety risk (for example, messages directing pedestrians into traffic) and would continue to exclude utility and survey markings.
A committee motion to forward the amendment to the April 14 Council meeting passed unanimously.
Next steps: the amendment will be placed on the April 14 Council agenda for deliberation; staff said they consulted municipal practices across North Carolina and public‑works staff about removal burdens for sprayable materials.
