DAMAGE TO PROPERTY
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
GRAFFITI. Any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb, or other permanent structure on public, or private, property, and which have the effect of defacing the property.
GRAFFITI MATERIALS. Materials including paint, aerosol, or pressurized containers of paint, indelible markers, ink, dye, or other substance capable of defacing property.
(B) Unlawful acts.
(1) It is unlawful for any person to intentionally place graffiti on any exterior surface located on public, or private, property.
(2) It is unlawful for any person to possess graffiti materials for the purpose of placing graffiti on any exterior surface located on public, or private, property.
(C) Violations. Violations of division (B) above shall constitute a misdemeanor.
(D) Unlawful conduct regarding the permitting of graffiti by owners of property.
(1) It is unlawful for the owner of any property to allow graffiti to be placed on any external surface on the owner’s property, and the owner of any property shall remove therefrom graffiti which has been placed there.
(2) In the event that the Police Department finds that graffiti exists, the Police Department shall mail a written order to the owner of the subject real property, addressed to the owner’s last known address, containing the following:
(a) A description of the real estate sufficient for identification;
(b) Information that the police have found graffiti exists on the property;
(c) A request that the owner remove, or obliterate, the graffiti within 30 days;
(d) Inform the owner that unless corrective action is taken within the time allotted, the city may remove the graffiti, and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as taxes against real estate; and
(e) A warning that any subsequent offense may be prosecuted as a misdemeanor.
(3) The first offense by any property owner shall be civil in nature, and shall not be treated as a criminal offense. The city shall keep an adequate record of all violations. The second, and any subsequent, offenses by any property owner within five years shall be prosecuted as a misdemeanor.
(Prior Code, § 10.44) (Ord. 144, second series, passed 2-18-1997) Penalty, see § 10.99
PUBLIC INDECENCY
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
NUDITY. Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only, or the nipple and the areola only, are covered.
OBSCENE PERFORMANCE. A play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience, and which in whole, or in part, depicts, or reveals, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, or which includes obscenities, or explicit verbal descriptions, or narrative accounts, of sexual conduct.
OBSCENITIES. Slang words currently, and generally, rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct, or excretory functions or products, either that have no other meaning or that, in context, are clearly used for their bodily, sexual, or excretory meaning.
SADO-MASOCHIST ABUSE. Flagellation, or torture, by, or upon, a person who is nude, or clad in undergarments, or in revealing, or bizarre, costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same, or opposite, sex, or between humans and animals in an act of apparent sexual stimulation, or gratification.
SEXUAL EXCITEMENT. The condition of human male, or female, genitals, or the breasts of the female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in, or witnessing, sexual conduct or nudity.
(B) Unlawful act. It is unlawful for any person issued a license provided for in Chapter 111 to permit, upon the licensed premises, any nudity, obscene performance, or continued use of obscenities by any agent, employee, patron, or other person.
(Prior Code, § 5.86) (Ord. 30, second series, passed 12-21-1981) Penalty, see § 10.99