(A) Graffiti defined. GRAFFITI shall mean writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye or other similar substances on a public or private building, structure, property, sidewalks, streets, fences, walls, overpasses or bridges. For the purpose of this subchapter, GRAFFITI shall include drawings, writings, markings or inscriptions regardless of the content or the nature of materials used in the commission of the act.
(B) Exemptions.
(1) Division (A) above shall not be construed to include writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye or other similar substances to the extent it was created by the property owner or authorized in advance and in writing by the property owner. However, despite creation by the property owner or advance written authorization by the property owner, such writings, drawings, inscriptions, figures or marks shall be considered unlawful graffiti subject to removal if the markings are deemed a public nuisance, otherwise unlawful, or present an imminent risk of danger to members of the public.
(2) Division (A) above shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children’s activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water-soluble markings used in connection with any lawful business or public purpose or activity.
(C) Removal of graffiti. Any person owning property, acting as manager or agent for the owner of property, or otherwise in possession or control of property, shall remove or effectively obscure any graffiti upon such property within 30 calendar days from receipt of the notice described in § 50.056(B).
(Code 2019, § 8-15) (Ord. passed 1-28-2019)