Kerri Prescesky isn’t happy with a picture of a peacock that is painted on her neighbour’s garage door. She appeared before City council July 18 asking aldermen to consider a bylaw that will prevent graffiti from being painted on private property.
“We want to list our house in the near future,” said Prescesky. “We’re going to have people not look at our house because of what’s painted on the house next to ours.”
According to Darryl Poburan, the City’s manager of municipal enforcement, there isn’t a bylaw that prohibits residents from painting on their own private property. However, Prescesky provided council with a letter that was handed out to neighbours by the homeowner, which stated the mural was a marketing tool for their business.
“That was news to us,” said Tracy Corbett, who is on the City’s planning committee. “If it was advertising with a link to the business, it would be defined as a sign. The sign bylaw would kick in and they would have to apply for permission.”
The letter sparked a debate among councillors. Deputy Mayor Glenda Alexander warned about being presumptuous that the mural was connected to a business, but Alderman Allan Hunter says that the letter establishes a link between the mural and a business.
“It clearly says to me that they have a business and they’re linking the marketing to the business,” said Hunter.
Poburan said the City is currently drafting a Community Standards Bylaw that would deal with graffiti and art. Part of the process included researching similar bylaws in surrounding communities and defining art and graffiti. The bylaw will come to council in the fall and will be followed up with public forums.
“Art/graffiti is a messy topic,” said City Manager Paul Schulz. “In our community, we have a system to deal with graffiti and art on private property and on residential and commercial properties. What’s unclear is whether things are art or graffiti.”
However, the bylaw will only take effect after its is passed and cannot be enforced retroactively.
“I’m not against art, but your house isn’t an art canvas,” Prescesky said. “It should be prohibited like on public property.”
