(A) Graffiti that is offensive to community standards under an objective, of the standard of a reasonable person, that consists of verbiage or symbols that demean or denigrate racial groups, ethnic groups, cultural groups or depict obscene images, shall be removed/abated within 72 hours of notice to the property owner or responsible party. Town personnel may assist with materials and supplies to remove or repair the defacement as part of a graffiti abatement program funded by the town. Failure to remove graffiti by the property owner and/or responsible party is a criminal violation pursuant to § 134.07.
(B) The Town Attorney may file a “fast track” petition for the removal of obscene or discriminatory graffiti in the Municipal Court. The Court shall set the petition for hearing within 72 hours after the date of filing indicated on the petition. The Town Attorney may request that enforcement personnel be directed by the Court to personally serve the property owner or responsible party with the summons giving notice of the date and time of the hearing. The Magistrate shall conduct a hearing to determine if the graffiti is obscene or discriminatory and, if so, shall order its removal by the property owner or responsible party within 72 hours. The order shall state that if the owner or responsible party fails to remove the graffiti as ordered by the Court, the town will abate the graffiti after 72 hours.
(Ord. 483-08, passed 6-2-2008)