(a) Defined. "Graffiti" means unauthorized inscribing in any manner, spraying of paint, or marking by means of ink, chalk, dye or other similar substances, on public or private buildings, structures and places.
(b) Prohibitions.
(1) It shall be unlawful for any person to spray paint, paint, chalk or otherwise apply graffiti on publicly or privately owned structures located on publicly or privately owned real or personal property within this City.
(2) No person under the age of eighteen years shall possess, buy, transfer or receive possession of spray paint. For purposes of this section, "spray paint" means any adherent, pigment or substance dispersed in particles by means of an atomizer or other simple mechanical instrument or applicator.
(3) It shall be unlawful for the owner of any private property to permit graffiti to remain on such private property so as to be capable of being viewed by a person utilizing any public right of way in the City, such as a road, parkway or alley, provided that the City has given the property owner written notice to remove the graffiti within a period of three calendar days, and provided that the three-day period has elapsed.
(c) Removal. Whenever the Department of Public Services determines that graffiti is located on public or private property so as to be capable of being viewed by a person utilizing any public right of way, and the owner of the property is informed of the necessity of removing the graffiti by the City, the City shall be authorized to provide for the removal of the graffiti as follows:
(1) The City shall offer to provide paint from the City's then available paint stock, at the City's cost, to the owner of the property, in the amount necessary to cover the specific area containing the graffiti. The owner may decline to use the paint or otherwise remove the graffiti in an appropriate manner, but his or her obligation to cover the graffiti shall continue. It shall be the owner's responsibility to paint over the graffiti within three calendar days from receipt of the notice.
(2) The City may remove the graffiti upon consent of the owner of the property. If the City provides for the removal of the graffiti, it shall not authorize nor undertake to provide for the painting or repair of any area more extensive than that upon which the graffiti is located. The owner shall repay the City as follows:
A. Prior to the removal of the graffiti, the City shall obtain, when possible, the written consent of the owner. The owner of the property shall be charged only for the actual labor and material cost incurred by the City to remove the graffiti.
B. As part of the removal process, the owner shall pay for labor and materials within five working days of receipt of the bill. In the event the bill is not paid in a timely manner, the City shall have the right to place the charge on the tax rolls to insure payment of said expenditure by the property owner. Any lien so placed by the City shall bear interest at the rate of five percent until paid and satisfied in full. The City shall also have the right, but not the obligation, to sue the owner for any costs incurred by the City.
(3) In the event that the owner of the property (real or personal) shall not remove the graffiti within three days of being notified by the City, the City may enter upon the property for the purpose of removing said graffiti, which is deemed to be detrimental to the welfare and well being of the community and to contribute, or tend to contribute, to the reduction of the value of property in the surrounding area. The owner shall repay the City as provided for in paragraph (c)(2) hereof.
(Ord. 519. Passed 11-4-92.)