(A) Nuisance: It is determined by the president and board of trustees of this village to be unlawful and a public nuisance having an adverse effect on the public health, safety and welfare, subject to immediate abatement, for any person to place or affix any graffiti upon the real or personal, public or private property of another without the express written authorization or consent of such owner or other person in possession and control of such property, including, but not limited to, the placement or affixing of graffiti to any building, structure, wall, window, door, fence, gate, lamppost, utility pole, mailbox, tree, driveway, sidewalk, curbing, street, hydrant, kiosk, bulletin board, monument, playground or recreational equipment, bridge, railing or vehicle, in such manner as to render the same visible to public view, and for any person owning or in possession and control of such public or private property to allow such graffiti to remain on such property more than ten (10) days following receipt of written notice by the village to remove the same.
(B) Definition: For purposes of this section, the term "graffiti" shall be defined as including, but not limited to, any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter, which is marked, written, drawn, painted, scratched, inscribed or otherwise placed upon or affixed to public or private property. This definition shall not include election signs or placards or signs otherwise permitted by the zoning ordinance of this village or the sign regulations hereinafter contained in this code.
(C) Owner's/Possessor's Responsibility: It shall be further unlawful for any owner or person in possession and control of any real or personal property, public or private, to place or to authorize or consent to the placement of graffiti on such property if such graffiti tends to incite violence by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity or any portion of the human anatomy, or contains vulgar language or defamatory material about a public or private person. (Ord. 2022, 11-16-1992)
(D) Penalty: Any person who violates any part of this section shall, upon conviction, be subject to the penalty as provided for by section 1-4-1 of this code. In addition to, or in lieu of, said fine, the court may order a person convicted of illegally placing graffiti on property to pay restitution to the property owner for the cost of removing such graffiti, or to perform public service work, including, but not limited to, cleaning up and removing such graffiti from the property where it was placed or affixed. Also, in lieu of filing a complaint in court, the proper police officer or other designated officer may employ the compromise and settlement procedure as provided in section 1-4-6 of this code in full settlement, compromise and disposition of any claimed violation of this section. (Ord. 2162, 9-16-1996)