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A. Graffiti Unlawful: It is unlawful for any person to inscribe, draw or otherwise place upon the surface of any structure or wall that is publicly or privately owned, any word, phrase, diagram, symbol, sketch, or letters wherein the contents thereof are visible to any member of the general public and contains references to sexual activity, diagrams relating to sexual activity or sexual organs, references to gangs or criminal activities, or groups which promote or are involved in criminal activity, swearing or fighting words, defamatory materials about any person, or references to personal relationships. The above list is not to be considered a limitation, but is merely illustrative of items known as graffiti. 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 or person in charge or control of the property, demonstrating that the owner or person in charge or control was aware of the content and method of the inscription to be placed on the structure or wall.
B. Duty To Remove: It shall be the duty of the owner or person in charge or control of the structure or wall upon which any inscription or representation prohibited in subsection A of this section to remove, eradicate or eliminate such inscription or representation within seven (7) days from the date of the offense. In the event the owner or person in charge or control has failed to eliminate such graffiti, that person shall be notified via certified mail or personal notice that he has an additional fourteen (14) days to remove such graffiti. In the event the owner, person in charge or control, can show to the Village Code Enforcement Officer that there is a reasonable likelihood that the person responsible for placement of the graffiti will be required to make restitution or restore the premises to its previous condition, the owner may be given additional time, not to exceed thirty (30) days, to meet the removal requirements without issuance of a citation.
C. Restitution And Compensation: The owner of the property shall be entitled to restitution and compensation for the direct costs incurred in the repair and/or restoration of the property to its previous condition from any person found guilty of the offense listed in subsection A of this section. Said property owner shall submit receipts evidencing payments for the direct costs incurred in the removal of the graffiti and providing further that the court enters an order of restitution.
D. Penalty: Upon a finding of guilty for violation of subsection A of this section, there shall be imposed a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). Additionally, the court may, as a condition of probation, supervision, or conditional discharge require that full and complete restitution be made to the owner of the property for expenses incurred in the removal of the graffiti and/or restoration of the structure or wall to its previous condition. (Ord. 94-27, 9-19-1994)