(A) Purpose and intent. It is the purpose and intent of the City Council of the city, through the adoption of this section, to provide additional abatement and enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned property, which is inimical and destructive of the rights and values of private property owners as well as the total community. The majority of those individuals who paint graffiti seek notoriety and recognition as they attach status to having their work seen. Prolonged visibility due to the sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places, enhance the perpetrator's satisfaction. Therefore, the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who create it is the most effective way of combating this very serious problem. It is further the intent of the City Council, through the adoption of this section, to provide notice to all of those who callously disregard the property rights of others, that the law enforcement agencies of the city, both the Police Department and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties.
(B) Definition. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AEROSOL PAINT CONTAINER. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.
FELT TIP MARKER. Any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink that is not water-soluble.
GLASS ETCHING PRODUCTS. Any product which can be used to permanently alter a glass surface, including but not limited to such products that contain hydrofluoric acid, ammonium bifluoride and sulfuric acid, or sodium bifluoride.
GRAFFITI. Any inscription, word, figure, or design that is marked, etched , scratched , drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof.
GRAFFITI IMPLEMENT. An aerosol paint container, a felt tip marker, a graffiti stick or glass etching products.
GRAFFITI STICK. A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.
(C) Anti-vandalism provisions.
(1) Unlawful to apply graffiti. It shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the city, other than property that they own or rent.
(2) Property-defacing or injuring private buildings or fixtures. It is unlawful for any person to deface, mar, break or in any way destroy or injure any portion of any private real or personal property within the city not his or her own.
(3) Property-defacing or injuring public buildings or fixtures. It is unlawful for any person to deface, mar, break or in any way destroy or injure any portion of any public building, or the fixtures or contents thereof, which building is owned by the city.
(D) Penalties for violation. Any and all violations of this section shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney.
(Ord. 688, passed 5-2-23)