(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEFACEMENT or DEFACING. The intentional and unauthorized altering of the physical appearance or shape of any real or personal property within the village limits.
GRAFFITI. The condition caused by the defacing of property by producing drawings, symbols, inscriptions, scratching, scrawling, painting, spraying or marking through the use of graffiti materials as defined in this subchapter.
GRAFFITI MATERIALS. Include paint, aerosol or pressurized containers of paint, indelible markers, pens, chalk unless water soluble, pencils, ink, dye, charcoal, acrylic materials or any other substance or implement capable of altering the physical appearance of public or private property.
(B) Prohibition. It is unlawful for any person to assist, aid, abet, allow, permit or encourage another to violate the provisions of this section, by words, overt act, failure to act, or by lack of supervision and control over minors.
(C) Removal of graffiti. After notice by the village, it shall be unlawful for any person who has defaced property with graffiti within the village to fail to remove the graffiti within the timeframe set forth in the notice.
(D) Prohibition of graffiti materials at public facilities. During the time when any public facility is closed, no person shall have in his or her possession any graffiti materials while in or upon the public facility. This section shall not apply to authorized employees of the village, any party under contract with the village, or persons authorized by the public entity in control of the facility to possess the materials. PUBLIC FACILITY for the purposes of this section means any and all facilities or grounds owned or controlled by any governmental entity.
(E) Restitution, parental responsibility. In addition to any other penalties and as restitution for a violation of any section of this subchapter, a violator shall pay for the costs of repairing any damages to property caused by that violator’s unlawful conduct. When the violator is a person under 18 years of age, any parent, guardian or other person having legal custody of the violator shall be responsible to pay for damages caused by the violator or abatement of the nuisance which is the result of the violator’s act.
(F) Cumulative remedies. The procedures set forth in this chapter are not exclusive and nothing contained herein shall be deemed to preclude the Village Attorney, or any person damaged by an act prohibited by this section, initiating any civil or criminal action or from the pursuit of any available remedy.
(G) Exceptions. This section shall not be applicable to the use of water-soluble chalk on public sidewalks by a child under the age of 13 or by the child’s parents or guardians.
(Ord. 03-09-02, § 4-1, passed 9-23-2003)
Cross-reference:
For fine, see § 35.01