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Community Corner

VOTE: Is This Art or Graffiti?

What's the difference between a child drawing with chalk on the sidewalk or someone spray-painting a highway underpass? Take our poll.

Most neighborhoods have kids, and with the youngsters come chalk drawings in a full range of colors. But are those sketches art or graffiti?

In a Denver suburb, some children in a neighborhood may soon lose a beloved summertime activity if the homeowners association there is successful in its attempt to ban sidewalk chalk art, according to a story on AOL real estate.

Citing complaints from neighbors, the HOA said the chalk art potentially offends, disturbs or interferes with "the peaceful enjoyment" of the community and is not allowed.

Locally, whether kids can draw on Laguna Niguel sidewalks is typically up to the local HOA as well. If they take their chalk and imagination to a public sidewalk in the city, it's a different story, says City Manager Tim Casey.

Find out what's happening in Laguna Niguel-Dana Pointwith free, real-time updates from Patch.

"The city does have an ordinance that generally prohibits the defacing of public property," he said. "As a practical matter, the city has never taken any enforcement action with respect to children using chalk to draw on a city street or sidewalk, since the chalk is easily removed by property owners and/or Mother Nature." 

The ordinance reads: Sec. 11-8-1. Damaging or defacing city property. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property belonging to the city or any tree situated in any public street or highway of the city, and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the city or any tree situated in any public street or highway of the city by painting, cutting, scratching or breaking such structure or tree or attaching or affixing anything thereto.

Find out what's happening in Laguna Niguel-Dana Pointwith free, real-time updates from Patch.

As in Denver, HOAs may have to enforce their own regulations with respect to chalk drawings on their private streets and sidewalks, Casey added.  

Casey stressed that the city and the Orange County Sheriff’s Department "do take a very proactive approach to graffiti removal."

What do you think? Should kids be allowed to draw wherever they want, when they want? Tell us in comments below and take our poll.

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