(A) The existence of graffiti on public and private property in violation of this chapter is expressly declared to be a public nuisance.
(B) It shall be unlawful for any residential responsible party to maintain, permit, or allow graffiti to remain on any property where graffiti is visible from any street or other public or private property. The responsible party of any residential property shall remove or cause to be removed any graffiti on the property within seven calendar days of the placement of the graffiti. Absenteeism from the property of the responsible party shall be considered when determining a violation of this section. The responsible party may allow the City to remove the graffiti or may remove the graffiti themselves and apply for victim restitution during prosecution.
(C) It shall be unlawful for any commercial responsible party to maintain, permit, or allow graffiti to remain on any property where graffiti is visible from any street or other public or private property. The responsible party of any commercial property shall remove or cause to be removed any graffiti on the property within three calendar days of the placement of the graffiti. The responsible party may allow the City to remove the graffiti or may remove the graffiti themselves and apply for victim restitution during prosecution.
(D) Any person convicted of applying graffiti on public or private property may be ordered by the court to either pay for the removal of the graffiti, or personally remove the graffiti by painting over the defaced area, within a specified time. Failure of any person to remove or pay for removal of graffiti constitutes an additional violation of this chapter. If graffiti is applied by a minor, the parents or legal guardian are also responsible for removal or payment for removal of graffiti.
(E) The City is authorized, but not required, to use public funds for graffiti abatement on public or private property. The City is not required to paint, remove, or repair an area more extensive than that covered by graffiti, or use a matching paint. The City, at its discretion, may provide more extensive painting, removal, or repair if approved by the City Manager.
(F) Graffiti that is offensive to community standards, specifically defined to be an objective reasonable person standard, that consists of verbiage or symbols that demean or denigrate racial groups, ethnic groups, cultural groups, or depicts obscene images shall be removed/abated within 24 hours of notice to the responsible party. City personnel may assist with materials and supplies to remove or repair the defacement as part of a graffiti abatement program funded by the City.
(Prior Code, § 11-2-4) (Ord. 07-05, passed 2-12-2007) Penalty, see § 131.99