A. Title: This Section shall be known as the CLAY COUNTY GANG GRAFFITI ORDINANCE.
B. Definition: For the purposes of this Section, "graffiti" shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, letter of any other inscription or drawing applied to any surface so as to be seen by the public including, but not limited to the identification of a gang or gang activity.
C. Prohibited Activity:
1. Permission Required: It is unlawful for any person to place graffiti upon the surface of any structure or wall that is publicly- or privately-owned without the permission of the owner of the property.
2. Parental Responsibility: It is unlawful for any parent or guardian of a minor to knowingly permit a minor to violate any provision of this Section.
3. Obscenity; Gang-Related: It is unlawful for any owner of property to place or give permission to place on any property, real or personal, which is in public view, any graffiti which incites violence 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 which mark out gang jurisdiction for purposes of designating territorial rights of gangs for criminal activity.
4. Failure To Remove: It is unlawful for any owner of property to fail to remove graffiti that has been placed on the owner's property or fail to assign their obligation to remove the graffiti to the Sheriff's office within three (3) days from the date of the receipt of the written notice provided by the Sheriff's office.
D. Affirmative Defense: It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the graffiti to be placed on the structure or wall.
E. Removal; Nuisance Declared: The County hereby declares graffiti to be a nuisance, which adversely affects the health, safety and welfare of the residents of the community and reduces property value, and subject to abatement as provided herein:
1. Owner Obligation To Remove: Upon written notification by the Sheriff's office, the owner of the property upon which graffiti has been placed shall remove the graffiti within three (3) days from the date of the receipt of the notice. The County Sheriff's office may grant an owner an additional ten (10) days to remove the graffiti if the owner presents sufficient evidence of one of the following conditions:
a. Weather conditions make removal impossible or a substantial burden to the owner;
b. Necessary chemicals for removal are not readily available;
c. The physical condition of the owner makes immediate removal impossible or a substantial burden to the owner; or
d. Such other condition which makes immediate removal impossible or an undue hardship to the owner.
2. Owner Assignment Of Obligation: The owner of the property may assign their obligation to remove the graffiti to the Sheriff's office. The assignment must be done within three (3) days from the date of the receipt of the written notification. The assignment must be in writing on a form provided by the Sheriff's office. The assignment will be effective only if the owner signs a statement authorizing removal by the County and holding the County harmless from any claims of suits brought for damages resulting from any chemicals or from any actions taken by the County or its employees to remove the graffiti.
3. Right Of County To Remove: The Sheriff's office shall remove graffiti from the exterior of private property if an owner fails to remove the graffiti or fails to assign the obligation to remove the graffiti to the Sheriff's office.
F. Vandalism And Graffiti Detection:
1. Reward: The County does hereby offer a reward of twenty five dollars ($25.00) to any person who does not have an affirmative duty, yet supplies information leading to the arrest and conviction of any person for violating this Section. The reward shall not exceed one hundred dollars ($100.00) per incident. In the event of multiple contributors of information, the reward amount shall be divided by the County Attorney's office in the manner it shall deem appropriate.
a. Claims: Claims for rewards under this Section shall be filed with the County Treasurer. Each claim shall:
(1) Specifically identify the date, location and kind of property damaged or destroyed;
(2) Identify by name the person who was convicted; and
(3) Identify the court and date upon which the conviction occurred.
b. Approval Of Claim: All claims for rewards must be approved by the County Attorney's office after a thorough investigation of the claim. (Ord. 1996-3, 8-20-1996)
G. Penalty:
1. Violation; Penalty: Any person who is convicted of a violation of this Section is guilty of a misdemeanor and shall be punished as provided in Section 1-4-1 of this Code.
2. Juvenile Violation: Upon a finding of guilty upon a juvenile violating this Section, the penalty imposed shall be in accordance with Minnesota Statute Annotated sections 260.185 or 260.195. In addition to any fines, the court may require that a party:
a. Restitution: Make full and complete restitution to the County and the owner of the damaged property for expenses incurred in the removal of the graffiti and restoration of the property to its previous condition;
b. Reimbursement: Reimburse the County for any reward or reimbursements paid in connection with the violation; and
c. Community Service: Participate in community service, including, but not limited to, time spent in cleaning property that has been defaced by graffiti at any location in the County. (Ord. 1996-3, 8-20-1996, eff. 8-20-1996; amd. 2000 Code)