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§ 94.050 TITLE.
   This subchapter shall be known as the “City of Dilworth Graffiti Subchapter.”
(Ord. 96-8, passed - -1996)
§ 94.051 PROHIBITED ACTIVITY.
   (A)   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.
   (B)   It is unlawful for any parent or guardian of a minor to knowingly permit a minor to violate any provisions of this subchapter.
   (C)    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.
   (D)   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 Police Chief’s office within three days from the date of the receipt of the written notice provided by the Police Chief’s office.
(Ord. 96-8, passed - -1996; Ord. 21-08, passed 11-8-2021) Penalty, see § 94.999
§ 94.052 GRAFFITI DEFINED.
   For the purposes of this subchapter, 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.
(Ord. 96-8, passed - -1996)
§ 94.053 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.
(Ord. 96-8, passed - -1996)
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