(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