A. Definitions:
CONNOTE: To suggest or imply in addition to the literal meaning; to have as a related or attendant condition.
DENOTE: To mark or indicate; to serve as a symbol or name for the meaning of; to signify; to signify directly; to refer to specifically.
GRAFFITI: Any sign, symbol, marking, drawing, name, initial, word, diagram, picture which:
1. Is or has been placed upon real or personal property without the express permission of the owner or owners of that property; or
2. Is affixed to real or personal property, with or without the consent of the owner of such property, and denotes or connotes any gang sign or symbol, any activity which would be a violation of any law prohibiting criminal activity, or any violent act or acts against human beings or any other form of animal life, and is within public view; or
3. Is affixed to any real or personal property, with or without the consent of the owner or owners of such property, and denotes or connotes any of the following: the act of sexual intercourse, cunnilingus, flagellation, orgasm, flatulence, fellatio, the acts and/or products or byproducts of urination, defecation, masturbation, ejaculation, vomiting or expectoration; any sexual organ, pudendum, female breasts, anus, or buttocks, and is within public view; or
4. Is affixed to any real or personal property, with or without the consent of the owner or owners of such property, is intended or calculated to incite or promote violence or criminal activity by any gang, or member or members of any gang, through insult or disrespect toward such gang or gang member or members, or by promoting or publicizing in a positive manner another gang or member or members thereof, and is within public view; or
5. Is affixed to any real estate or personal property, with or without the consent of the owner or owners of such property, and does or will have the effect of inciting or promoting violence or criminal activity by any gang, or member or members of any gang, through insult or disrespect toward such gang or gang member or members by promoting or publicizing in a positive manner another gang or member or members thereof, and is within public view.
B. Graffiti Prohibited:
1. Creating Or Placing Graffiti: It shall be unlawful for any person to create or place "graffiti", as defined in subsection A of this section.
2. Permitting Or Maintaining Graffiti: It shall be unlawful for any person to permit the placement or maintenance of "graffiti" as defined in either or any of subsections 2, 3, 4 and 5 of the "graffiti" definition in this section.
C. Removal Of Graffiti Required:
1. Removal By Owner: It shall be the responsibility of the owner or owners of any real or personal property to which "graffiti", as defined in subsection A of this section, has been placed to remove such graffiti, or cause the removal thereof, within five (5) days of notification from the city, through its building department, code enforcement officer or police department, to do so.
2. Removal By City: In the event the owner or owners of private property to which graffiti prohibited hereby is affixed fails to remove the same as required in subsection C1 of this section, the city may remove or cause such graffiti to be removed, and shall assess the cost thereof against such owner or owners.
D. Penalty/Enforcement: The penalties provided for in section 4-2-7 of this chapter as well as injunctive and declaratory relief shall apply to this section. (Ord. 10-28-0, 5-26-2010)