A. For the purpose of this section, the following words, terms and phrases shall have the meanings indicated:
ADVERTISING: Any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind lawfully placed on property by an owner or occupant of the property or an agent of such owner or occupant, for the purpose of promoting products or services or conveying information to the public.
APPLIES GRAFFITI, APPLY GRAFFITI OR APPLYING GRAFFITI: The act of drawing, painting, chiseling, scratching or etching graffiti on public or private property within the city.
GRAFFITI: Without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, however, that this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind lawfully placed on property by an owner of the property, an occupant of the property, or by an authorized agent for such owner or occupant.
OCCUPANT: Any person shown by the records of the county clerk's office as a tenant of property, or any person in actual physical possession of property.
OWNER: Any person shown by the records of the county clerk's office as the owner of a fee simple interest in property.
B. The council hereby declares that graffiti on public or private property within the city constitutes a public nuisance to the detriment of the city and its inhabitants and visitors. The provisions for prevention of such public nuisance are set forth in this section.
C. No person shall apply graffiti to public or private property within the city.
D. Any person who applies graffiti to public or private property within the city shall be deemed guilty of an offense. Each act of applying graffiti shall constitute a separate offense. (Ord. 1390, 3-12-1996)
Any person convicted of the offense of applying graffiti to public or private property within the city shall be punished by a fine of not to exceed one hundred dollars ($100.00) for the first offense, or three hundred forty nine dollars ($349.00) or imprisonment not to exceed thirty (30) days, or both fine and imprisonment, for a second or subsequent offense. (Ord. 1390, 3-12-1996; amd. 2015 Code)
E. The provisions of this section shall be enforced by the police department. (Ord. 1390, 3-12-1996)