A. Prohibited Acts:
1. Defacement: It is unlawful for any person to deface or place or put, by any means, graffiti on any exterior surface. Design review approval is required prior to display of any public art. The City does not deem graffiti to be public art.
2. Possession Of Graffiti Implements: It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility or while in or within fifty feet (50') of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City.
B. Graffiti Removal Required:
1. Removal By Perpetrator: Any person found to be in violation of this chapter shall be required to remove or cause to be removed the graffiti from the surface on which it was placed within twenty four (24) hours after notice by the City or private owner of the property involved. Such removal shall be done in a manner prescribed by the City. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for its removal shall constitute an additional violation of this chapter subject to general misdemeanor penalties. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or payment of such removal.
2. Property Owner Responsibility: If graffiti is not removed by the perpetrator according to subsection B1 of this section, or inasmuch as it is often not possible to determine the identity of the person who applied the graffiti, it shall be the duty of the owner or person in control of the premises on which the graffiti has been applied to promptly remove the graffiti within ten (10) days after notice as hereinafter set forth is provided. If, after notice as hereinafter provided, the graffiti nuisance is not abated, the owner or person in control of the premises shall be in violation of this section subject to misdemeanor penalties. Additionally, the City shall proceed to abate the graffiti nuisance and the costs of same shall be assessable against the property.
(Ord. 554, 3-18-2015; amd. Ord. 619, 7-17-2019)