(A) It is unlawful for any person to inscribe, draw or otherwise place directly upon the surface of any structure or wall that is privately or publicly owned, any word, marking, phrase, diagram, symbol, sketch, picture or letters where the contents thereof are visible to any member of the general public and contain references to sexual activity, to any portion of the human anatomy, to gang or criminal activities, to personal relationship or to defamatory material about public or private persons. These inscriptions drawings or representations shall be referred to herein as prohibited graffiti.
(B) It shall be a defense to the alleged violation of division (A) above if such activity was undertaken with the prior written consent of the owner of the property, with such written consent demonstrating that the owner had knowledge of the content and the method by which the inscription was to be placed upon the structure or wall.
(C) It shall be the duty of the owner of the structure or wall upon which any inscription or representation prohibited by this section, to remove such inscription or representation and to otherwise repair or restore the structure or wall to its prior condition within ten days from the date of the occurrence of the offense.
(D) Failure by the owner of the structure or wall, upon which any prohibited graffiti is placed, to remove the prohibited graffiti within ten days from the date of the occurrence shall cause the summary abatement of the public nuisance by the city. The city shall then notify the owner of its intent to remove the prohibited graffiti. If the owner fails to remove the prohibited graffiti within five days of the date of the notice, all costs incurred by the city to abate the public nuisance shall be assessed to the owner.
(E) Failure by the owner to remove the prohibited graffiti shall also subject the owner to being charged with failure to remove graffiti.
(F) The owner of the property shall be entitled to restitution and compensation for the direct costs incurred in the repair and restoration of his or her property from any person convicted of the prohibited activity upon the submission of receipts evidencing payment of such costs and provided the court entering the finding or conviction for the offense shall so order.
(G) The ordinance from which the provisions of this section derive shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this section shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 131.02) (Ord. 94-300, passed 8-9-1994) Penalty, see § 131.99