(A) Definitions. For the purpose of this section the words and phrases defined hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(1)
PUBLIC NUISANCE. Graffiti, whether located upon public or private premises within the city, is hereby declared a public nuisance. Every owner, occupant, or person in control of any premises within the city shall cause the premises to be kept clear and free of such graffiti, and otherwise comply with the requirements of this chapter.
(2)
CITY MANAGER. The City Manager or his\her designee.
(3)
GRAFFITI. Any inscription, work, figure, marking or design that is marked, etched, scratched, drawn or painted on any premises, including buildings, structures, fixtures or other improvements, whether permanent or temporary, whether public or private, with any graffiti implement or other device, without the consent of the owner of the property or the owner's authorized agent, and which is visible from the public right-of-way or other public or quasi-public location within the city.
(4)
GRAFFITI IMPLEMENT. An aerosol paint container, a felt tip marker, or a graffiti stick.
(5)
AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or any other substance capable of defacing property.
(6)
FELT TIP MARKER. Any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing an ink that is not water-soluble.
(7)
GRAFFITI STICK. A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width visible from a distance of 20 feet, and not water-soluble.
(B) Graffiti prohibited. It shall be the responsibility of all property owners to expediently remove graffiti from their premises to substantially reduce or nullify any effect or intended purpose of the graffiti. All sidewalks, walls, buildings, fences, signs, rocks, trees, bridges, gates, and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street or other public or private property.
(C) Notice of violation.
(1) If it is determined by the city that the graffiti exists on property in violation of this section, the city shall, in writing, notify the owner of the property or responsible party through the issuance of a Notice of Violation providing a maximum of five days to abate the graffiti, unless it is city property in which case the city shall cause its removal within 48 hours. This Notice of Violation may be served by certified mail, as listed in the county auditor's tax lists at the mailing address as shown on such tax lists; ordinary mail if the certified mail is refused or unclaimed; personal service, by posting at the subject property; or by publishing such a notice once in a newspaper of general circulation in the city.
(2) The Notice of Violation shall be sent immediately upon notification or determination that such a violation exists. The city shall give no more than a total of two notices before enacting the penalty section contained herein. The second Notice of Violation shall be issued after the first Notice of Violation has been sent and the removal period has expired.
(D) Removal of graffiti, city assistance.
(1) City property. The City Manager shall develop and implement administrative policy and procedures to cause the removal of graffiti from city owned property and right-of-ways within 48 hours.
(2) Other public property. Where property defaced by graffiti is owned by a public entity other than the city, the City Manager may cause removal of the graffiti using city resources only after securing the consent of an authorized representative of the public entity that has jurisdiction over the premises.
(3) The City Manager is authorized to provide assistance for graffiti removal to private property owners in the following manner:
(a) Provide technical advice regarding the removal of graffiti.
(b) Provide property owners a list of vendors who sell graffiti removing materials/substances or who can provide further technical assistance.
(c) Provide a list of contractors who provide graffiti removal services.
(E) Prohibited conduct.
(1) No person may write, paint, or draw any inscription, figure, or mark of any type on any public or private building or other real or personal property, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm, or corporation, with a graffiti implement unless by the express written permission of the owner or operator of the property has been obtained.
(2) A person convicted of violating division (C) of this section is guilty of criminal mischief under § 131.05 and subject to penalty thereof.
(Ord. 27-98, passed 5-4-98) Penalty, see § 130.99