A. Definitions: As used in this section, the following terms shall have the meanings indicated:
GRAFFITI: The intentional marking, drawing or writing with paint, ink or another substance on, or the intentional etching into, the physical property of another without the other person's consent any permanent display of a name, identification, letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof, which is without authorization and which is a different color from the color of the exterior of the property.
PROPERTY: Any real or personal property and that which is affixed, incidental or appurtenant to real property including but not limited to any premise, house, building, structure, fence, wall, sign or any separate part thereof, whether permanent or not.
B. Offenses:
1. Prohibition: It shall be unlawful, and is hereby declared a nuisance, to place graffiti upon any public or private property within the city, as it affects the public health, safety and welfare.
2. Failure To Remove: It shall be unlawful, and is hereby declared a nuisance, to permit graffiti to remain upon any private property within the city, as it affects the public health, safety and welfare. No owner of any private property within the city may maintain or allow any graffiti to remain upon such property when the graffiti is visible from the street or other public or private property.
C. Removal: It shall be the duty of the chief of police to serve or cause to be served, a notice upon the owner or party in possession of any such property upon which graffiti is present and to demand the abatement of the nuisance within ten (10) days. All exterior surfaces shall be kept clean and free of graffiti. Surfaces which have been exposed to graffiti shall be cleaned, painted or in some matter covered, so as to effect the complete removal of the graffiti from that surface and to return the surface to its prior condition within ten (10) days of receipt of the violation notice to the owner unless extenuating circumstances prevent the work from being done, in which case the chief of police may give an extension for the removal of graffiti.
D. Penalty: Any person violating the provisions of this section is subject to a forfeiture of twenty five dollars ($25.00) together with statutory costs. In the event of failure to remove graffiti after notification by the chief of police, the forfeiture of twenty- five dollars ($25.00) together with statutory costs shall be imposed for each and every day after the tenth day following the notice that the graffiti remains in existence.