(A) For purposes of this section,
GRAFFITI shall mean the unlawful application of any drawing, inscription, figure or mark upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned.
(B) It shall be unlawful for any person to deface, destroy or otherwise damage private or public property without the owner's consent, by or though the application of what is commonly known as “graffiti.”
(C) It shall be unlawful for any person to have in his or her actual possession any aerosol spray can containing any substance commonly know as paint or containing any other opaque liquid capable of being propelled by the aerosol can while on public or private property, without the consent of the respective owner of such property, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of property in the vicinity. Among the circum-stances which may be considered by the enforcement officer in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of an enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself of the can of aerosol spray paint. Prior to any citation being issued to a person for a violation of this division, such person shall be afforded an opportunity by the enforcement officer to dispel any alarm or immediate concern which could otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct.
(D) The city hereby adopts by references § F.S. 806.13, that establishes the offense of criminal mischief and sets forth the penalties for such offense as well as the penalty for minors. In addition, any act in violation of divisions (B) or (C) hereof, committed by a minor under the age of 18 years, shall be imputed to that minor's parents or legal guardian. A parent or guardian of a minor who violates divisions (B) or (C) shall be jointly and severably liable with the minor for the payment of any civil fine and the expense of restoration as set forth in § 132.99(B)(1).
(E) Any person who shall provide information which leads to the actual payment of a fine by a violator of division (B) above, is entitled to receive from the city a reward of up to $500. The City Manager, or his designee, shall determine whether a particular reward shall be divided among persons based on the information provided and the number of persons providing it, but in no event shall the total reward relating to a particular violation exceed $500. No person employed by the city shall be eligible for such reward.
(F) It shall be unlawful for any person, firm, public agency or utility owning, or acting as manager or agent for the owner of property, whether privately or publicly owned, to permit the application of or fail to remove any graffiti from the property within 10 days of receipt of notice from the city to remove such graffiti. If graffiti contains words, phrases, or drawings deemed to be lewd or obscene, or containing messages that evidence prejudice based on color, ethnicity, ancestry, religion, sexual orientation, or national origin, the person, firm, public agency, or utility owning, or acting as manager or agent for the owner of the property, shall be required to remove such graffiti from the property within three days. When removing graffiti, the person, firm, public agency, or utility owning, or acting as manager or agent for the owner of the property, is required to use paint that is similar to or approximates the existing color of the structure. If the person, firm, public agency or utility owning, or acting as manager or agent for the owner of such property fails to remove the graffiti timely, the city may cause the graffiti to be removed and charge the property owner for the expenses incurred. If necessary, the city may sue in a court of competent jurisdiction to recover such expenses.
(G) The city's police officers and code enforce-ment officers are hereby authorized to enforce the provisions of this section, including the issuance of notices to appear and notices required under division (H) below.
(H) (1) Whenever the city becomes aware of the existence of graffiti or other unsightly condition(s) on any property, including structures or improvements within the city, a code enforcement officer or a police officer shall give, or cause to be given, notice to the property owner and/or owner's agent or manager to remove such graffiti or other unsightly condition(s) therefrom. Such notice shall be in writing in a form acceptable to the City Manager and the City Attorney.
(2) Such notice shall be given to the owner and if the owner is not in possession of the property, such notice shall also be given to the occupant or person in possession of the premises described in the notice; and such notice shall be personally delivered, or shall be deposited in the United States mail at Hollywood, Florida, postage prepaid, addressed to the person or persons designated at their last known address; and if no address is known or made known to the officer, then to general delivery, and a copy of such notice shall be posted in a conspicuous place upon the property. In the absence of fraud, no error or mistake in the sending of a notice, and no failure on the part of any property owner or any other person to receive the same shall in any way affect the validity of the proceedings, provided the person mailing or posting such notice files an affidavit of mailing or posting.
(I) There is hereby created the City Anti-Graffiti Trust Fund. All civil fines paid by violators of this section and ultimately received by the city shall be placed in the Fund. The City Manager or his designee shall direct the expenditure of monies in the Fund. Such expenditures shall be limited to the payment of rewards under division (E) above, and the cost of restoration under division (F) above.
('72 Code, § 21-12(a) - (d), (f), (h) - (j)) (Ord. O-90-52, passed 11-7-90; Am. Ord. O-96-57, passed 12-4-96; Am. Ord. 0-98-19, passed 7-15-98) Penalty, see § 132.99