A. It shall be unlawful for any person to inscribe, draw or otherwise place upon the surface of any structure or wall that is publicly or privately owned any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter without the permission of the owner of the property. The above list is not to be a limitation, but is merely illustrative of items known as graffiti.
B. It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the inscription to be placed on the structure or wall; however no owner of property shall place or give permission to place on any property, real or personal which is in public view any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter which 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.
C. It shall be unlawful for any person to possess while in any public building or in any public facility or while on private property spray paint containers, paint, ink, marking pens which contain a nonsoluble fluid, brushes, applicator or other etching with the intent to use such material(s) to violate subsection A of this section.
D. The village hereby declares graffiti, as defined in this section, to be a nuisance and as a nuisance, subject to abatement as provided herein.
E. Upon notification by the village, the owner of property upon which graffiti has been illegally placed shall remove the graffiti within five working days from the date of the notice. Such property owners or other owners of property upon the exterior of which graffiti has been placed may obtain chemicals for the removal of graffiti from the village public works department upon signing a release holding the village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals. Chemicals will be supplied in original containers with manufacturer's instructions for use and warnings intact.
F. The village, upon notification of graffiti placed upon any village property, shall remove the graffiti within three working days from the date of the notification. The village also shall remove graffiti from the exterior of private property if owners inform the village of the presence of such graffiti and of their inability to remove it. Owners must sign a statement authorizing removal by the village and must sign a release holding the village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the village or its employees to remove the graffiti. If property owners do not request such removal or do not remove the graffiti within the time specified they shall be subject to the penalties listed in subsection H of this section.
G. An extension of time in which graffiti must be removed may be granted by the village upon application of the property owner to the police department and a showing of cause. Cause shall include, but not be limited to: weather, temperature, availability of chemicals or physical limitations.
H. Every person found guilty of violating subsection A, B or C of this section, shall be guilty of a petty offense or a misdemeanor and be punished by a fine of not less than one hundred dollars and not more than five hundred dollars for each offense. Additionally, the court may require the party guilty of violating subsection A, B or C of this section to make full and complete restitution to the village and/or the owner of the property for expenses incurred in the removal of graffiti and/or restoration of the structure or wall to its previous condition. The court may also order as a further penalty, community service in the form of time to be spent in cleaning property that has been defaced by graffiti in any location in the village 1 .
I. Every person found guilty of violating subsection E of this section, shall be guilty of a petty offense or a misdemeanor and be punished by a fine of not less than twenty five dollars and not more than five hundred dollars for each offense. (Ord. 2539, 3-22-1993)
Notes
| 1 | 1. The Illinois parental responsibility act, 740 ILCS 115/1 et seq., shall be applicable to personal injury and/or property damage resulting from a violation of the prohibition against graffiti. |