(A) It is unlawful for any person to inscribe, draw, or otherwise place upon the real or personal, public or private property of another any sign, symbol, marking, name, initial, word, diagram, sketch, picture or letter, without the permission of the owner of the property. The aforementioned list is not to be a limitation, but is merely illustrative of items known as graffiti.
(B) Exemption: public officials and utilities. The prohibitions of this section shall not apply to government officials and employees, or employees or officials representatives of any public or private utilities with respect to the posting or labeling of tags, notices or other markings on buildings or other property while in the course of their employment or in the performance of their official duties.
(C) It shall be unlawful for the owner and/or occupant of property which is in the public view to place or give permission to place graffiti on said property without first having obtained a properly issued sign permit.
(D) It shall be unlawful for any person to possess spray paint containers, paint, ink, marking pens which contain a non-water soluble fluid, brushes, applicator or other materials for marking, scratching or etching, with the intent to use such material(s) to violate divisions (A) and (C) of this section.
(E) Graffiti, as hereinabove defined, is hereby deemed to be and to constitute a public nuisance, and it shall be the responsibility hereunder of the owner of record, or the person in charge, possession or control of any building or structure upon which graffiti is placed or affixed to cause such graffiti to be removed or concealed upon the existence of such facts and circumstances as would place a reasonable property owner on notice of the existence of such graffiti, and the failure to so remove or conceal such graffiti shall constitute a violation of this chapter. Graffiti, as hereinabove defined, is hereby deemed to be and to constitute a public nuisance. In the event that any such graffiti is not so removed, the village, upon receiving notice thereof, may proceed to cause the removal thereof in the manner hereinafter set forth. Upon the initial receipt by the village of notice of the existence of graffiti on any building or structure, the Department of Public Works, or its agent or contractor shall attempt to contact and obtain consent from the owner thereof or the agent of such owner for the Department of Public Works or its agent or contractor to enter upon such property to remove such graffiti, or the immediate removal thereof by the owner. Such consent shall be in the form of a release holding the village harmless from any claimed adverse or injurious effects resulting from such removal activities. If such attempt to contact the owner is not successful, or if such consent is not otherwise obtained, the Department shall cause the posting of a notice in a prominent place upon the building or structure where the graffiti is found.
(1) In the event that the graffiti in question is located on any detached or attached single-family residence, such notice shall state that graffiti has been found on such residence, that efforts were made to contact the owner to obtain consent for graffiti removal but that such consent could not be obtained, and that unless the owner shall cause the removal of such graffiti within three days from the date on which such notice was posted, the village shall thereafter take such steps as are necessary to cause the removal of such graffiti from the residence as a public nuisance.
(2) In the event that the graffiti in question is located on any building or structure that is accessory to a detached or attached single- family residence, such notice shall state that graffiti has been found on such building or structure, and that unless the owner shall cause the removal of such graffiti within 24 hours from the date on which such notice was posted, the village shall thereafter take such steps as are necessary to cause the removal of such graffiti from the residence as a public nuisance.
(3) In the event that the graffiti in question is found on any principal building or structure other than any detached or attached single-family residence, such notice shall state that graffiti has been found on such building or structure, that efforts were made to contact the owner to obtain consent for graffiti removal but that such consent could not be obtained, and that unless the owner shall cause the removal of such graffiti within 24 hours from the date on which such notice was posted, the village shall thereafter take such steps as are necessary to cause the removal of such graffiti from such building or structure as a public nuisance.
(4) In the event that the graffiti in question is located on any building or structure that is accessory to any principal building or structure other than any detached or attached single-family residence, such notice shall state that graffiti has been found on such building or structure, and that unless the owner shall cause the removal of such graffiti within 24 hours from the date on which such notice was posted, the village shall thereafter take such steps as are necessary to cause the removal of such graffiti from such building or structure as a public nuisance.
(5) Owners of any buildings or structures other than detached or attached single-family residences or buildings or structures accessory thereto upon which graffiti shall be found that fail to remove such graffiti after the placement of the notice hereinabove specified shall thereafter be liable to the village for the costs and expenses incurred in connection with such removal, which costs and expenses shall also constitute a lien on the property upon which the graffiti in question had been located, provided that the lien shall only arise upon the preparation and filing by the village of a notice of lien in accordance with the provisions of ILCS Ch. 65, Act 5, § 11-20-13.
(6) Notwithstanding any removal by the village of any graffiti pursuant to the provisions of this section, the owner of the property upon which such graffiti was located shall remain subject to ordinance violation prosecutions instituted by the village for the failure to remove such graffiti.
(F) Penalty. Any person that violates the provisions of this section shall, in addition to any other penalty, lien, cost or charge imposed thereby, be subject to a fine of not less than $75 nor more than $750.
(Ord. 2235-93, passed 8-18-93; Am. Ord. 2251-93, passed 12-21-93; Am. Ord. 2557-98, passed 5-7-98; Am. Ord. 0042-03, passed 6-18-03; Am. Ord. 06-0460, passed 10-18-06)