(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. In addition to its usual and customary meaning of defacing walls or structures with messages or slogans, GRAFFITI shall also mean any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, announcement, word, phrase, diagram, symbol, sketch, inscription or representation, wherein the contents thereof are visible to any member of the general public and which contains references to sexual activity, diagrams relating to sexual activity or sexual organs, references to criminal activities or groups which promote or are involved in criminal activity, swearing or fighting words, defamatory materials about any person, references to relationships or any marking of any kind whatsoever which results in damage to, defacing of, marring of or discoloring of any sidewalk, street or other public surface, any vehicle, any equipment, lamp, lamp post or other village property, or of the exterior surface of a wall, fence, door, building or other structure, whether publicly or privately owned.
OWNER. The owner of record of the subject property, whether public or private, at the time of the placement or discovery of the graffiti or at a subsequent time, the beneficial owner under a land trust, the contract purchaser or that person or persons or trust in whose name the general taxes for the last preceding year were paid; except that, OWNER shall not include the Village of Carol Stream.
PROPERTY. Any building, structure, wall, sidewalk, street or other public or private road, vehicle, equipment, land, lamp post, sign or any other real or personal property on which graffiti is placed.
(B) Conduct prohibited.
(1) It is unlawful for any person to inscribe, draw or otherwise place or cause to be placed any graffiti upon the surface of any property that is publicly or privately owned.
(2) It shall be unlawful for any parent or legal guardian to knowingly permit any minor child in his or her custody or control to violate division (B)(1) of this section.
(3) The parent or legal guardian of a minor defendant who resides with such parent or legal guardian at the time of the offense may be held liable for any fine or condition of restitution or reparation imposed by a court upon a minor for violation of this section; provided that, such minor has not paid such fine or made restitution or reparation within the time ordered by the court; and, further provided that, such parent or legal guardian has been served with summons or notice to appear whether in the original cause or in any subsequent proceedings arising therefrom, including sentencing or collection actions, as provided by law.
(C) Removal by owner.
(1) Owner’s responsibility. It shall be the duty of the owner of the private property upon which any graffiti is placed or made to remove, eradicate or eliminate such inscription or representation within ten days of the occurrence unless granted additional time by the village. In no event shall the owner be granted more than 30 days to remove the graffiti. The BOCA National Existing Structures Code, adopted and amended by the village as provided in Ch. 6 of this code, shall also govern where applicable, except that in the event of a conflict between the code and this section, this section shall prevail.
(2) Notice to remove graffiti. The owner or his, her or their representative shall be notified by certified mail or personal notice that they have ten days, from the date of the delivery of the notice or personal notification, in which to remove the graffiti. In no event shall the owner of the property be granted more than 30 days to remove the graffiti, weather conditions permitting as reasonably determined by the village. The owner is responsible for removal within the time allowed in divisions (C)(1) and (C)(2) of this section. In the event the owner has failed to eliminate such graffiti, a village ordinance complaint will be issued to the owner of the property according to the provisions in division (E)(1) of this section. If criminal charges have been filed against the person believed responsible for placement of the graffiti, the costs to remove the graffiti shall be presented to the prosecutor for restitution to the owner of the property in addition to the penalties as described in division (E)(1) of this section.
(3) List of contractors and cleaning materials. The village may make available a list of contractors in the business of removing graffiti and/or a list of cleaning materials generally recognized in the industry as effective in the removal of graffiti. By providing such lists of contractors and cleaning materials, the village does not guarantee the quality or adequacy of work performed by anyone selected by owner or the effectiveness or safety of the materials listed, and the village expressly disclaims responsibility or liability for the quality or adequacy of such work or materials or any claims for damage or injury arising therefrom.
(D) Removal by village.
(1) The village shall have the right, but not the duty, to remove graffiti from the exterior of private property if the owner informs the village of an inability to remove it. Prior to the village entering any private property to remove graffiti, the owner must sign a statement authorizing removal by the village and agreeing to pay the reasonable costs of such removal and to allow the recording of a lien against the real estate upon which the work was performed if the cost is not paid to the village within 30 days of the date of the invoice sent to the owner. The owner must also sign a release holding the village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the village or its employees to remove the graffiti prior to the village commencing work on the property. If the village determines they cannot remove the graffiti, the responsibility of the removal is reinstated to the owner for the owner. A certified letter will be sent to the owner of the property so advising. If the property owner does not remove the graffiti within the time specified or extended time requested and granted by the village, the owner shall be subject to the penalties listed in division (E) of this section.
(2) If the property owner is not located or they are unavailable and normal attempts to notify the owner have been made, after 14 days after the time of the discovery of the graffiti the village shall have the right, but not the duty to remove the graffiti from the exterior or private property. A notice will be left at the property and a certified letter sent to the property owner of record advising them of the graffiti abatement.
(3) If the village performs the graffiti removal pursuant to division (D)(1) or (D)(2) of this section and if an invoice was is not paid within 30 days, the village shall be entitled to initiate collection actions and file a notice of lien against the property upon which the work was performed for the cost of the removal.
(E) Penalty.
(1) Upon a finding of guilty for violation of division (B) of this section, there shall be imposed a fine of not less than $100, nor more than $750. Additionally, the court may, as a condition of probation, supervision or conditional discharge, require that the party guilty of violating the provisions of division (B) of this section make full and complete restitution to the owner of the property for expenses incurred in the removal of the graffiti and/or, with the consent of the owner, restore the structure, wall, building or surface to its previous condition. In addition, the court may order as a further penalty community service in the form of time to be spent in any location in the village.
(2) Upon a finding of guilty for violation of division (C)(1) of this section, there shall be imposed a fine of not less than $25, nor more than $750. The minimum fine for any subsequent violation of division (C)(1) of this section shall be $50. Each and every day that such graffiti is permitted to remain beyond the time specified in division (C)(2) of this section shall constitute a separate violation. The village may also ask the court to issue an order granting the village permission to enter the property and to make an effort to remove the graffiti and to charge the cost of the removal to the owner and to permit the village to secure its costs either through an order directing the owner to pay the costs incurred by or on behalf of the village in an attempt to remove the graffiti, or to file a lien against the property.
(F) Compliance by village.
(1) It is the intention of the village that graffiti discovered upon village property or public property under the jurisdiction and control of the village will be removed within the time periods for graffiti removal imposed upon other governmental bodies and owners of private property under this article.
(2) The Village Manager or his or her designee shall provide, no less than semi-annually, a written report to the Village Board of graffiti incidents involving village property and removal efforts by the village. Such report shall include at a minimum the location of the graffiti, charges filed against or convictions of offenders where relevant, the date and methods of graffiti removal undertaken by the village and the cost of such removal.
(Ord. 93-10-91, passed 10-12-1993; Ord. 2009-03-09, passed 3-2-2009)