(A) Graffiti prohibited.
(1) It is unlawful for any person to inscribe, draw or otherwise place upon the surface of any structure or wall which is publicly or privately owned, any sign, symbol, marking, name, initial, word, diagram, sketch, picture, or letter without the permission of the owner of the property. The above list is not to be limitation, but is merely illustrative of the items known as graffiti.
(2) Exemption: public officials and utilities. The provisions of this section shall not apply to federal, state or local government officials and employees (or public or private utility official representatives and employees) with respect to the posting or labeling of tax, notices or other markings on buildings or other properties while in the course of their employment or in the performance of their official duties.
(B) Affirmative defense. It shall be an affirmative defense to an alleged violation of this section if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the inscription to be placed on the structure or wall; however, no owner of property shall place or give permission to place on any property real or personal, which in any public view, any signs, symbol, marking, drawing, name, initial, work diagram, sketch, picture or letter which incites violence by reference to a gang or criminal activity, depicts or expresses obscenity by referring to sexual activity or contains defamatory material about a public or private person.
(C) Removal of graffiti.
(1) Upon written notification by the village, the owner of the property upon which graffiti has been illegally placed shall remove the graffiti within seven days from the date of notice.
(2) A property owner may request in writing an extension of time to remove graffiti. Said request shall be in writing and specify the basis for request. The village shall make a determination, in writing, as to whether or not an extension shall be granted, and for what time period.
(3) If the property owners do not remove the graffiti within the time specified, they will be subject to penalties listed in division (D) of this section.
(D) Penalties.
(1) Upon a finding of guilty for violation of this section there shall be a fine of not less than $100 or more than $500. Additionally, the Court may require the party guilty in placement of graffiti to make full and complete restitution to the property owner for expenses incurred in the removal of the graffiti and/or restoration of the structure or wall to its previous condition.
(2) In addition, the Court may order as further penalty community service in the form of time to be spent in cleaning the property that has been defaced by graffiti in other locations within the village.
(Ord. 7-35, passed 4-25-07)