(A) For purposes of this section,
GRAFFITI shall be defined as: any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed, without the express, written permission of the owner, upon the real or personal property of said owner.
(B) Graffiti in public view is hereby declared to be a nuisance as set forth in the ordinances of the village and subject to the provisions of village ordinances regarding nuisances and abatement thereof.
(C) It shall be unlawful for any person to place graffiti upon the real or personal, public or private property of another.
(D) It shall be unlawful for the owner and/or occupant of fixed real or personal property which is in public view to place or give permission for the placement of any graffiti on such property without having first obtained a properly issued sign permit.
(E) It shall be unlawful for any person to possess, while in any public building or public facility or while on private property, a spray paint container, paint, ink, marking pen which contains a non-water soluble fluid, brush, applicator, or any other material for marking, scratching or etching with the intent to use such material in violation of division (C) and or (D) hereinabove.
(F) Penalties.
(1) The penalty for violation of division (C) hereinabove shall be a fine of not less than $50 nor more than $500. In addition to the fine, the offender may be ordered by the Court to pay restitution to the property owner for the costs of restoring the property to its state prior to the application of graffiti.
(2) The penalty for violation of division (D) hereinabove shall be a fine of not less than $50 nor more than $500 and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(3) The penalty for violation of division (E) hereinabove shall be a fine of not less than $50 nor more than $500.
(G) Any person convicted of a violation of division (C), (D) or (E) hereinabove, who is found to have been a member of a gang as defined by § 13.5/700-6(A)(1) or candidate for membership in a gang at the time the offense was committed and who is found to have violated the division in conjunction with gang-related activities, shall be subject to a fine of not less than $250 nor more than $500 in addition to other penalties provided in this section.
(Ord. 767, passed 7-19-93)