(A) Placement without owner’s permission. It is unlawful for any person to place graffiti upon the property of another, whether publicly or privately owned, real or personal.
(B) Definition. For the purpose of this section, the following definition 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, without the express, written permission of the owner, upon the real or personal property of the owner.
(C) Placement with owner’s permission. It is unlawful for an owner and/or occupant of property which is in the public view to place or give permission to place any graffiti on the property if the graffiti incites violence by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity or contains defamatory material about a public or private person.
(D) Possession of equipment with intent to create or allow graffiti. It is unlawful for any person to possess spray paint containers, paint, ink, marking pens which contain a non-water soluble fluid, brushes, applicators or other materials for marking, scratching or etching, with the intent to use the materials to violate division (A) or (B) of this section.
(E) Removal of graffiti. Upon notification by the city, the owner of property upon which graffiti has been illegally placed shall remove the graffiti within 72 hours of the date of notice. Failure to remove the graffiti within the specified time shall cause the summary abatement of this nuisance, and costs therefor shall be assessed to the owner. This remedy shall be in addition to the penalty provided in § 10.99. If the graffiti is deemed an issue adversely affecting the public safety by the Mayor, upon the advice of the Chief of Police, the city is authorized to remove the graffiti at once at its cost. Any such decision shall immediately be reported to Council.
(F) Mandatory restitution. In addition to the remedies provided in division (D) of this section and in addition to the penalty provided in § 10.99, a mandatory restitution requirement shall be imposed by any court finding a person guilty of violating division (A), (B) or (C) of this section. As a condition to any probation or supervision, the court shall order full and complete restitution to be made to the owner of property upon which graffiti has been illegally placed for expenses incurred in the removal of the material and for the repair of any structure, wall or other property.
(2000 Code, § 9.12.070) Penalty, see § 132.99