A. Definition: For purposes of this section, "graffiti" shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed without the express written permission of the owner upon the real or personal property of said owner. (Ord., 7-12-1994)
B. Nuisance Declared: Graffiti in public view is hereby declared to be a nuisance as set forth in the ordinances of the county and subject to the provisions of county ordinances regarding nuisances and abatement thereof 1 .
C. Prohibitions: It shall be unlawful outside the corporate limits of a municipality: (Ord., 7-12-1994; amd. 2004 Code)
1. For any person to place graffiti upon the real or personal, public or private property of another.
2. For the owner and/or occupant of fixed real or personal property which is in public view to place or give permission for the placement of any graffiti on such property without having first obtained a properly issued sign permit.
3. For any person to possess, while in any public building or public facility or while on private property, a spray paint container, paint, ink, or marking pen which contains a nonwater soluble fluid, brush, applicator, or any other material for marking, scratching or etching with the intent to use such material in violation of subsections C1 and/or C2 of this section.
4. For anyone under the age of sixteen (16) to purchase or possess any spray paint container, paint, ink, or marking pen which contains a nonwater soluble fluid unless under the supervision of a parent, legal guardian or teacher.
D. Penalties:
1. The penalty for violation of subsection C1 of this section shall be a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). In addition to said fine, the offender may be ordered by the court to pay restitution to the property owner for the costs of restoring the property to its state prior to the application of graffiti.
2. The penalty for violation of subsection C2 of this section shall be a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
3. The penalty for violation of subsection C3 or C4 of this section shall be a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (Ord., 7-12-1994)
Notes
| 1 | 1. 720 ILCS 5/47-5 et seq. |