a guide to improving your local environment - Keep Britain Tidy

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GRAFFITI www.encams.org What is graffiti The term graffiti refers to drawings, patterns, scribbles, messages or tags that are painted, written or carved on walls and other surfaces. In recent times the craze has been for ‘tagging’, the stylised scrawling of names. To those whose property is defaced by graffiti, the markings are a form of vandalism that is unwelcome, distressing and difficult to remove. Where can graffiti be found and who does it affect Graffiti incidences tend to be focused in relatively few hotspots, where the problem is intense. However, where it does occur it is highly visible and has a great impact on the public in their perception of the area. This is highlighted in a recent survey in which 77% of Londoners listed graffiti as a quality of life concern. The survey also showed that graffiti is often in prominent locations, having an effect on the perceptions of passers-by. GRAFFITI What is the cost of graffiti The estimated cost of graffiti to the country is over £1bn a year. The London Underground alone believes it costs up to £10m a year to replace all the glass that is etched with graffiti in addition to the £2.5m needed annually to clear up other types of graffiti. Responsibilities relating to graffiti Local Authorities • Should remove graffiti from public buildings, monuments and street furniture for which they are responsible. (Other items such as telephone boxes, bus shelters and electricity boxes are the responsibility of the company that has placed them there, for example, British Telecom or other utility companies.) • Must monitor the level of graffiti in their area as part of their corporate reporting system (BV199b). 55
www.encams.org GRAFFITI Private Land Owners • Although private buildings are not the local authority’s responsibility they will often assist the private owners with removal. What is the law on graffiti Fixed Penalty Notices for Graffiti and Flyposting (Anti-Social Behaviour Act 2003, ss.43-47, Clean Neighbourhoods and Environment Act 2005, ss.28 & 29) Sections 43-47 of the Anti-Social Behaviour Act 2003 allow authorised officers of local authorities, ‘accredited’ persons and Community Support Officers, and under the CNEA 2005, parish and town councils, to issue Fixed Penalty Notices to those people who physically commit ‘minor’ acts of graffiti and flyposting. Local authorities may vary the fixed penalty amount within a range set out in regulations made by the Secretary of State, and raises the base amount from £50 to £80 where no other amount is specified. The 2005 Act extends the definition of an “authorised officer” to allow local authorities to authorise individuals other than their own employees for the purpose of giving notices for particular offences, including graffiti and flyposting. Whilst parish and town councils are also able to issue Fixed Penalty Notices the level of penalty must be set by the local authority. Defacement Removal Notices (Anti-Social Behaviour Act 2003, ss.48-52) These sections enable a local authority to serve a Defacement Removal Notice on the owners of street furniture, statutory undertakers and educational institutions whose property is defaced with graffiti that is either detrimental to the amenity of the area or offensive. If graffiti is not removed within a specified time (minimum 28 days), the local authority can intervene and clean up the graffiti itself. An appeals process is available. For further information please visit: www.defra.gov.uk/environment/localenv/legislation/index. htm 56
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A GUIDE TO IMPROVING YOUR LOCAL ENV
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www.encams.org INTRODUCTION About E
Page 6 and 7: LITTER www.encams.org What is litte
Page 8 and 9: • The Secretary of State, for any
Page 10 and 11: Controlling the distribution of fre
Page 12 and 13: Refuse Disposal (Amenity) Act 1978,
Page 14 and 15: If individuals feel that the duty b
Page 16: Transport interchanges (Includes, r
Page 19 and 20: www.encams.org Irresponsible gum di
Page 21 and 22: www.encams.org - Any esplanade or p
Page 23 and 24: www.encams.org What can individuals
Page 25 and 26: www.encams.org ENCAMS produced a se
Page 28 and 29: WASTE - DOMESTIC & BUSINESS www.enc
Page 30 and 31: Who is responsible for business was
Page 32 and 33: What are the waste law penalties Br
Page 34 and 35: Action will be taken to prosecute t
Page 36 and 37: FLY-TIPPING www.encams.org What is
Page 38 and 39: • Illegal dumping can often invol
Page 40 and 41: Section 33C Forfeiture of vehicles
Page 42 and 43: • Did anyone else witness the fly
Page 44 and 45: ABANDONED & NUISANCE VEHICLES www.e
Page 46 and 47: What action can local authorities a
Page 48 and 49: The results of the campaign far exc
Page 50 and 51: FLYPOSTING www.encams.org What is f
Page 52 and 53: Highways Authorities • Can remove
Page 54 and 55: Highways Act 1980, s.132 It is an o
Page 58 and 59: Sale of Aerosol Paint to Children (
Page 60: A total of 123 MPs signed up to the
Page 63 and 64: www.encams.org NEIGHBOUR NOISE What
Page 65 and 66: www.encams.org NEIGHBOUR NOISE Nois
Page 67 and 68: www.encams.org They also have a rig
Page 70 and 71: ANTI-SOCIAL BEHAVIOUR www.encams.or
Page 72 and 73: The contract will specify a list of
Page 74 and 75: Part 2 Housing Gives local authorit
Page 76 and 77: GLOSSARY www.encams.org Abandoned V
Page 78 and 79: Defra Defra (Department for Environ
Page 80 and 81: Highways Agency The Highways Agency
Page 82 and 83: Parish Council A Secondary Authorit
Page 84 and 85: NOTES www.encams.org
Page 86 and 87: NOTES www.encams.org
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