A. Defined: For purposes of this section, "graffiti" shall be defined as any sign, symbol, marking, drawing, name, initial, work, diagram, sketch, picture or letter placed, without the express, written permission of the owner, upon the real or personal property of said owner.
B. Nuisance: Graffiti in public view is hereby declared to be a nuisance as set forth in this code and subject to the provisions of the village ordinances regarding nuisances and abatement thereof.
C. Unlawful: It shall be unlawful for any person to place graffiti upon the real or personal, public or private property of another.
D. Sign Permit: It shall be unlawful 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.
E. Markers Unlawful: It shall be unlawful for any person to possess, while in any public building or public facility or while on private property, a spray paint container, paint, ink, 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 subsection C and/or D of this section. (Ord. 875, 11-15-2005)
F. Penalties:
1. The penalty for violation of subsection C of this section shall be a fine as established in section 1-4-1 of this code. 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 D of this section shall be a fine as established in section 1-4-1 of this code 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 E of this section shall be a fine as established in section 1-4-1 of this code. (Ord. 875, 11-15-2005; amd. Ord. 1061, 4-20-2010)
G. Removal Of Graffiti:
1. Upon written notification by the village, the owner of the property upon which graffiti has been illegally placed shall remove the graffiti within forty eight (48) hours from the date and time of notice.
2. The village shall have the right but not the obligation to remove graffiti from the exterior of private property if the owners inform the village of the presence of such graffiti and their inability to remove it. The owner will be required to pay the village for the reasonable cost of the removal. Owners must sign a statement authorizing the removal by the village and must sign a release holding the village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals, or from the actions taken by the village or its employees.
3. Property owners who do not request such removal or do not remove the graffiti within the time specified, shall be subject to the penalties listed in subsection F of this section, and the village shall proceed to remove the graffiti. The owner shall be required to reimburse the village for the reasonable cost of the removal and such costs shall constitute a lien, which may be recorded with the county recorder of deeds, against the property upon which such structure is located.
4. Any extension of time in which graffiti must be removed may be granted by the village upon application of the property owner to the village of Manhattan and a showing of cause. Cause shall include, but not be limited to, temperature, weather, availability of chemicals, or physical limitations. (Ord. 875, 11-15-2005)