(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. In addition to its usual and customary meaning of defacing walls or structures with messages or slogans, graffiti shall also mean any letter, numeral, figure, emblem, insignia, picture,
outline, character, spectacle, delineation, announcement, word, phrase, diagram, symbol, sketch, inscription or representation, wherein the contents thereof are visible to any member of the general public and which contains references to sexual activity, diagrams relating to sexual activity or sexual organs, references to criminal activities or groups which promote or are involved in criminal activity, swearing or fighting words, defamatory materials about any person, references to relationships, or any marking of any kind whatsoever which results in damage to, defacing of, marring of, or discoloring of any sidewalk, street, or other public surface, any vehicle, any equipment, lamp, lamp post or other village property, or of the exterior surface of a wall, door, building or other structure, whether publicly or privately owned, and not otherwise permitted in this code.
OWNER. Means and includes the owner of record of the subject property, whether public or private, at the time of the placement or discovery of the graffiti or at a subsequent time, the beneficial owner under a land trust, the contract purchaser, or that person or persons or trust in whose name the general taxes for the last preceding year were paid, except that OWNER shall not include the Village of La Grange Park.
(B) Prohibition. It shall be unlawful for any person to inscribe, draw or otherwise place upon any sidewalk, street or the surface of any structure or wall, whether publicly or privately owned, any graffiti as defined in this section.
(C) Responsibility for the removal of graffiti. It shall be the duty of the owner of the sidewalk, street, structure or wall upon which any inscription or representation prohibited in division (B) of this section to remove, eradicate or eliminate the inscription or representation. In the event the owner fails to eliminate the graffiti, the Village Building Inspector shall notify the owner via certified mail or personal notice that he or she must remove the graffiti within seven days or the owner shall be subject to the penalties set forth in division (D) of this section.
(`70 Code, § 14-41)
(D) Penalty.
(1) Amount of penalty. Any person or persons violating any of the provisions of this section shall, upon a judicial finding of the violation, be fined not less than $100 nor more than $500.
(2) Compensation and restitution. The owner of the property shall be entitled to restitution and compensation for the direct costs incurred in the repair and restoration of his or her property to its previous condition from any person convicted of any offense listed in this sections, provided that the property owner submits receipts or other evidence of the cost for the removal, repair or eradication of the graffiti and provided further that the court enters an order of restitution. This restitution or compensation shall be in addition to any fine or other costs, and the court may require the restitution or compensation as a condition of probation, supervision or conditional discharge.
(`70 Code, § 14-42) (Ord. 574, passed 8-9-94; Ord. 729, passed 8-12-03)