(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Graffiti” shall mean, in addition to its usual and customary meaning of defacing walls or structures with messages or slogans, 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, lamppost, telephone pole, or other Village property, or the exterior surface of a wall, fence, door, building or other structure, whether publicly or privately owned.
(2) “Owner” shall mean and includes 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 contract, 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.
(b) Prohibited Conduct.
(1) No person shall inscribe, draw, or otherwise place or cause to be placed, any graffiti upon the surface of any building, structure, wall or surface of other property, including, but not limited to, sidewalks, walls, buildings, fences and signs, that is publicly or privately owned.
(2) No parent or legal guardian shall 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 a summons or notice to appear, whether in the original cause or in any subsequent proceedings arising therefrom.
(c) Public Nuisance.
(1) Graffiti, whether located upon public or private premises within the Village, is hereby declared a public nuisance. Every owner, occupant, or person in control of any premises within the Village shall cause the premises to be kept clear and free of such graffiti, and otherwise comply with the requirements of this section. It shall be the duty of the owner of the structure or wall or other private property, upon which any graffiti is placed or made, to remove, eradicate or eliminate such graffiti within 14 days of the occurrence unless granted additional time by the Village. If the property owner does not remove the graffiti within the time specified, or extended time granted by the Village, the owner shall be subject to the penalties provided in division (d) of this section.
(2) In the event that charges have been filed against the person believed responsible for placement of the graffiti and the owner of the property can show to the Village that there is a reasonable likelihood that the person will be required to make restitution or restore the premises to its previous condition, the owner may be given additional time to meet the removal requirements. In no event shall the owner be granted more than a total of six months' time to remove graffiti, but any such extensions shall be based solely upon a reasonable likelihood of apprehension and conviction of the person responsible. In the absence of such reasonable likelihood, the owner is responsible for removal within the time allowed in division (c)(1) of this section.
(d) Penalty.
(1) Whoever violates division (b) of this section shall be guilty of a misdemeanor of the third degree and fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or imprisoned not more than 60 days, or both. 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 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 cleaning property that has been defaced by graffiti in any location in the Village.
(2) Whoever violates division (c)(1) of this section shall be guilty of a minor misdemeanor and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each and every day that such graffiti is permitted to remain beyond the time specified in division (c)(1) or division (c)(2) of this section, as applicable, shall constitute a separate violation.
(Ord. 2011-79. Passed 12-14-11.)