(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed upon the real or personal property of an owner of property without the owner’s express, written permission; provided that GRAFFITI shall not include any sign permitted by the Village Code.
LEGAL GUARDIAN. A person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by a court.
MINOR. A person who is 11 years of age or above, but not yet 17 years of age.
(B) Acts prohibited. It shall be unlawful:
(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 located within the public view to place or give permission to place graffiti on such real or personal property, if the graffiti incites violence by referring to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity or contains defamatory material about a public or private person.
(3) For any person to possess, while in any public building or facility or while on public property, any of the following materials with the intent to use such materials to violate divisions (B)(1) or (B)(2) above: spray paint containers, paint, ink, marking pens containing non-water soluble fluid, brushes, applicators or other materials for marking, scratching or etching.
(C) Nuisance declared. It is declared a nuisance to place graffiti, or permit graffiti to exist, upon any personal, public or private property of another.
(D) Duty of property owner or possessor.
(1) Prompt removal. Upon notice, set forth in division (D)(3) below, the owner or party in possession of any such real or personal property or structure upon which graffiti is present shall abate the nuisance within 24 hours in accordance with § 92.22 of this Code. All exterior surfaces shall be kept clean and free of graffiti.
(2) Extenuating circumstances for good cause. Surfaces which have been exposed to graffiti shall be cleaned, painted or in some manner covered, so as to effect the complete removal of the graffiti from that surface and return the surface to its prior condition within 24 hours or receipt of the violation notice in accordance with division (D)(3) below to the owner unless extenuating circumstances for good cause shown prevent work from being done, in which case the Chief of Police, Building Director or some other Village official whom the President shall designate may give an extension for the removal of graffiti.
(3) Notice. It shall be the duty of the Chief of Police, Building Director or some other Village official whom the President shall designate to serve or cause to be served the notices required in this division (D).
(E) Responsibility of parent or legal guardian.
(1) Parental and legal guardian liability. If a minor engages in conduct that violates any provision of this section, and such minor is unemancipated and resides with his or her parent or legal guardian, such parent or legal guardian shall be strictly liable under this section regardless of whether the parent or legal guardian has actual knowledge of the minor’s unlawful conduct and shall be subject to the penalties set forth in division (F) below if the following conditions are met:
(a) The minor has been either adjudicated to be in violation of this section or has incurred nonjudicial sanctions from any peace officer, police officer, or conservator of the peace resulting from an admission of guilt to an offense under this section.
(b) The parent or legal guardian has received a written notice by certified mail, return receipt requested, or by personal service in substantially the following form:
LEGAL NOTICE
To: (Parents’ or Legal Guardians’ Names)
From: Village of Maywood
You are hereby notified that (minor’s name) has been involved in the commission of (specify offense), which is a violation of the Village Code. If your minor child is again involved in a violation of Village ordinances involving graffiti, you will be charged with Parental and Legal Guardian Irresponsibility. Conviction for said offense can result in a fine of not less than $50 nor more than $3,000. You are hereby notified that you must exercise proper parental responsibility over said minor by controlling his or her unlawful conduct.
(c) The minor, within 2 years of the receipt of the notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found to be not guilty), or has admitted to have committed any violation of this section.
(2) Limitation on liability. Provided, however, that no order imposing a fine and/or restitution pursuant to division (F) below shall exceed $3,000 in the aggregate.
(F) Penalty. The following penalties apply to this section:
(1) Fine. Penalty for violating division (B) of this section shall, upon conviction, consist of a fine of not less than $50 nor more than $1,000 for each offense.
(2) Failure to remove graffiti. Penalty for conviction for failure to remove graffiti as set forth in division (D)(1) above shall be a fine or not less than $50 nor more than $750 for each offense and for the costs incurred by the Village or its agents to abate the nuisance as set forth in division (F)(7) below.
(3) Public service work. Public service work, including but not limited to cleaning graffiti at locations within the Village may be required by the court for persons convicted of any violation pursuant to this section up to 1,500 hours of community service under the procedures set forth in 65 ILCS 5/1-2-1.1.
(4) Gang membership. Any person convicted of any violation pursuant to this section who is also found to have been a member of a street gang, as defined under the Illinois Street Gang Terrorism Omnibus Prevention Act, 740 ILCS 147/1 et seq., at the time the offense is committed and who is found to have violated any offense set forth in this section in conjunction with gang-related activities shall, upon conviction, be subject to a fine of not less than $500 nor more than $1,000 in addition to the other penalties listed in this section or any other local, state or federal laws.
(5) Parent or legal guardian. If a parent or legal guardian is found liable under division (E) of this section, the parent or legal guardian shall be subject to a fine of not less than $250 nor more than $750 and payment of restitution in the amount of the actual costs incurred by the property owner to abate, remediate, repair or remove the effects of the graffiti.
(6) Restitution. In addition to any other penalties set forth in this division (F), the offender may also be ordered by the court for the restitution to the property owner for the cost of restoring the property to its condition before the graffiti was applied.
(1997 Code, § 42.08) (Am. Ord. C0-76-07, passed 6-13-1996; Am. Ord. C0-09-05, passed 2-17-2009; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021) Penalty, see § 130.99
Cross-reference:
Commission on Graffiti, see § 31.45
Disorderly street gang conduct, see § 130.20