Loading...
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CITY PROPERTY. Any property owned by, leased to or in possession of the city including, but not limited to, any public building or structure, sewer, water pipe, water hose, hydrant, motor vehicle, equipment, machinery, light poles or any tree, grass or shrub located on or upon any public way or public park or any sidewalk, crosswalk or pavement.
(B) No person shall operate, or cause to be operated, or park, or cause to be parked, any motor vehicle in a negligent manner causing damage or injury to city property.
(C) No person shall injure, damage, deface or interfere with any city property without the knowledge and consent of the proper city official.
(Prior Code, § 131.01) Penalty, see § 131.99
(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
(A) It shall be unlawful for any person, firm, business, corporation, partnership or entity to sell or deliver any container of spray paint to a person of age 18 years or less within the city.
(B) It shall be unlawful for any person under the age of 18 years to possess any container of spray paint within the city. It shall be an affirmative defense that the person possessing the same is on private property that is his or her usual place of residence.
(C) It shall be unlawful for any person to possess any container of spray paint on any public property, including, but not limited to, parks, streets, alleys, parkways and sidewalks within the city. It shall be an affirmative defense that the person possessing the same is either working on a project authorized by the city or the container has been purchased, is in its original condition and is in the trunk of an automobile.
(D) (1) 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.
(2) 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, § 131.03) (Ord. 94-294, passed 7-26-1994) Penalty, see § 131.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) The penalty, upon conviction for the offense of failure to remove graffiti or after entry of an administrative finding that this offense has occurred, made in accordance with § 32.04 of this code of ordinances shall be a fine of not less than $100 and not more than $750 for each offense. Each day such failure shall continue shall be considered a separate offense and fines shall be assessed accordingly.
(2) The penalty, upon conviction for a violation of § 131.02 of this chapter, shall be a fine of not less than $100 and not more than $750 for each offense.
(3) Additionally, the City Prosecutor is authorized to seek an order from the court entering a finding or conviction against a person for violation of § 131.02 of this chapter that the person make full and complete restitution to the owner of the property for expenses incurred in the removal of material and repair of the structure or wall as a condition to any order of probation or supervision.
(C) Any person, firm, corporation, partnership or other entity violating or failing to comply with the provisions of § 131.03 of this chapter shall, upon conviction thereof, be fined not less than $50, nor more than $750, for each offense.
(Prior Code, § 131.99) (Ord. 94-294, passed 7-26-1994; Ord. 94-300, passed 8-9-1994)