A. Definition: For the purpose of this subsection, "graffiti" is defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, or letter, or combinations thereof, placed without the express written permission of the owner, upon the real or personal property of said owner.
B. Prohibited: It shall be unlawful to place graffiti upon the property of another, whether publicly or privately owned, real or personal.
C. Placement With Owner's Permission: It shall be unlawful for an owner and/or occupant of property which is in the public view to place or give permission to place any graffiti on said property if such graffiti incites violence or the furtherance or proliferation of gang activity by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity, or contains defamatory material about a public or private person or group.
D. Removal Required: Upon notification by the city, the owner of property upon which graffiti has been illegally placed shall remove the graffiti within five (5) working days of the date of notification. Failure to remove graffiti within the specified time shall cause summary abatement of the nuisance, and cost therefor shall be assessed to the owner.
E. Compensation And Restitution: The owner of the property shall be entitled to restitution and compensation for the direct cost incurred in the repair and restoration of his property to its previous condition from any person convicted of the offense listed in this subsection; provided, that the property owner submits receipts or other evidence of the costs for the removal or repair of the graffiti; and provided further, that the court enters an order of restitution.
F. Responsibility Of Parent Or Guardian:
1. The parent or legal guardian of a juvenile who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such juvenile which cause injury to a person or property. The juvenile shall be deemed to have committed the offense with the knowledge, consent, acquiescence and permission of the parent or legal guardian in violation of this section.
2. The parent or legal guardian shall be liable for the fine and requirement of restitution or reparation imposed by a court upon a juvenile defendant for violation of this section.
3. The sanctions of this subsection shall apply after said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of personal service returned, from the police department of the city prior to the institution of any judicial sanction or penalty.
4. In any action brought pursuant to the provisions of this section, the parent or legal guardian shall be made a party defendant. (2006 Code)