(a) Prohibited behavior.
(1) No person under the age of 18 years shall possess, buy, transfer possession or receive possession of spray paint. For purposes of this section "spray paint" shall mean: any adherent, pigmented substance dispersed in particles, by means of an atomizer or other simple mechanical instrument or applicator.
a. This subsection does not apply to individuals in possession of spray paint for use at or in the course of lawful employment, an educational program, or for other lawful uses.
(2) No person shall use any paint, spray paint, pigment, marker, chalk, dye or similar means to injure, mark, deface or destroy public or private property, including the making of any drawing, inscription, pictograph or other markings, commonly referred to as "graffiti."
(b) Abatement.
(1) The owner of any property defaced shall report the existence of the graffiti to the department of public works and the police department immediately upon discovery.
(2) The owner of any property defaced through the use of spray paint or other device shall remove or paint over such graffiti as soon as possible after discovery of its existence so as to preclude further vandalism or decay of the structure or immediate surroundings. Any owner removing such markings pursuant to this section may be entitled to restitution in an amount determined by the court for the cost of removing those markings, such restitution to be paid by any person convicted under this section.
(3) Whenever the director of the building and safety department, the director of the department of public works, or their designated representatives determine that graffiti on any structure in the city is visible from the street or other public or private property, the director of the building and safety department, the director of public works, or their designated representatives may issue an abatement notice to the property owner, or initiate a prosecution against the responsible person violating this section, or both.
(4) The city official shall cause a written abatement notice to be served upon the owner(s), occupant(s), or person(s) in control of the affected premises, as such name(s) and address(es) appear on the last equalized property tax assessment roll of the County of Wayne, and shall provide the property owner, occupant or person in control ten days in which to remove the graffiti, or the property thereafter shall be subject to graffiti abatement by the city. The cost of abatement shall be placed on the miscellaneous assessment roll. Notice shall be issued pursuant to section 13-5 of the Code as follows:
a. By personal service on the owner or occupant of the property; or
b. By posting the notice in a conspicuous location upon the entrance of such premises; or
c. By posting the notice conspicuously on the property frontage, at least once every 50 feet.
The abatement notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
DEARBORN CODE OF ORDINANCES SECTION 14-101
Date: ____________ / ____________ / ____________
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti which constitutes a public nuisance on the property located at ____________ / ____________ / ____________ , Dearborn, Michigan, ____________ , which is visible to public view, within ten (10) days after the date of this notice; or if you fail to do so, you will be issued an appearance ticket and City employees or private contractors employed by the City will be authorized to enter upon your property and remove or paint over the graffiti. The costs of the abatement by the City's employees or its private contractors may be assessed upon your property and such costs will constitute a lien upon the land until paid.
(5) Upon the failure of the responsible person to comply with the notice of abatement by the designated compliance date, the director of the building and safety department, the director of the department of public works, or their designated representatives, is authorized to issue an appearance ticket and/or cause the graffiti to be abated by city forces or private contract; the city and/or its private contractor are expressly authorized to enter onto private property for the purpose of abating graffiti. All reasonable efforts to minimize damage from entry on property and abatement of graffiti shall be taken by the city and/or its private contractor, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).
(c) Penalty. Any person who is convicted of violation section 14-101 shall be punished by a fine of $500.00 or by imprisonment for a term not to exceed 90 days, or by any combination of such fine and imprisonment. In addition to such punishment, the court may, in imposing sentence, order the defendant to restore the property so defaced, damaged or destroyed. If the graffiti has previously been abated by a person other than the defendant, the court may, in addition to any other punishment, order the defendant to pay restitution in an amount equal to the cost of abatement.
(Ord. No. 81-29, § 116, 7-21-81; Ord. No. 96-666, 4-2-96)