(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Graffiti. In addition to its usual and customary meaning of defacing walls or structures with messages or slogans, “graffiti” shall also mean any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, announcement, word, phrase, diagram, symbol, sketch, inscription or representation, wherein the contents thereof are visible to any member of the general public and which contains references to sexual activity, diagrams relating to sexual activity or sexual organs, references to criminal activities or groups which promote or are involved in criminal activity, swearing or fighting words, defamatory materials about any person, references to relationships, or any marking of any kind whatsoever which results in damage to, defacing of, marring of, or discoloring of, any sidewalk, street or other public surface, any vehicle, any equipment, lamp, lamppost, telephone pole, or other Municipal property, or the exterior surface of a wall, fence, door, building or other structure, whether publicly or privately owned.
(2) Owner. “Owner” means and includes the owner of record of the subject property, whether public or private, at the time of the placement or discovery of the graffiti or at a subsequent time, the beneficial owner under a land contract, the contract purchaser, or that person or persons or trust in whose name the general taxes for the last preceding year were paid, except that “owner” shall not include the City.
(b) Prohibited Conduct.
(1) No person shall inscribe, draw, or otherwise place or cause to be placed, any graffiti upon the surface of any building, structure, wall or surface of other property, including, but not limited to, sidewalks, walls, buildings, fences and signs, that is publicly or privately owned.
(2) No parent or legal guardian shall knowingly permit any minor child in his or her custody or control to violate division (b)(1) of this section.
(3) The parent or legal guardian of a minor defendant who resides with such parent or legal guardian at the time of the offense may be held liable for any fine or condition of restitution or reparation imposed by a court upon a minor for violation of this section, provided that such minor has not paid such fine or made restitution or reparation within the time ordered by the court, and further provided that such parent or legal guardian has been served with summons of notice to appear, whether in the original cause or in any subsequent proceedings arising therefrom.
(c) Removal by Owner.
(1) Owner’s responsibility. It shall be the duty of the owner of the structure or wall or other private property, upon which any graffiti is placed or made, to remove, eradicate or eliminate such inscription or representation within fourteen days of the occurrence unless granted additional time by the City.
(2) Notice to remove graffiti. In the event the owner has failed to eliminate such graffiti, the owner shall be notified by certified mail or personal notice that he or she has fourteen days from the date of the notice in which to remove such graffiti. In the event that charges have been filed against the person believed responsible for placement of the graffiti and the owner can show to the City that there is a reasonable likelihood that the person will be required to make restitution or restore the premises to its previous condition, the owner may be given additional time to meet the removal requirements. In no event shall the owner be granted more than a total of six months time to remove graffiti, but any such extensions shall be based solely upon a reasonable likelihood of apprehension and conviction of the person responsible. In the absence of such reasonable likelihood, the owner is responsible for removal within the time allowed in this division (c) of this section.
(d) Removal by the City.
(1) The City shall have the right but not the duty to remove graffiti from the exterior of private property if the owner informs the City of the presence of such graffiti and of the owner’s inability to remove it. Prior to the City entering any private property to remove graffiti, the owner must sign a statement authorizing removal by the City and agreeing to pay the reasonable cost of such removal and to allow the recording of a lien against the real estate upon which the work was performed if the cost is not paid to the City within thirty days of the date of the invoice sent to the owner. The owner must also sign a release holding the City harmless from any claims, damages or suits brought for damages pursuant to any adverse or injurious effects of such chemicals or from the actions taken by the City, its employees or its agents to remove the graffiti prior to the City commencing working on the property. If the property owner does not remove the graffiti within the time specified or extended time requested and granted by the City, or if the City is unable to perform the work at the request of the owner, the owner shall be subject to the penalties provided in division (e) of this section.
(2) If the City performs the graffiti removal pursuant to division (d)(1) of this section, it shall be entitled to a lien upon which the work was performed for the cost of the removal.
(3) If the owner of private property fails to remove graffiti and fails to comply with the notices to remove graffiti, the City shall cause the removal of graffiti from the owner’s property and may employ the necessary labor to perform such task. All expenses incurred shall be paid out of any money in the City Treasury not otherwise appropriated. The City shall make a written return to the Auditor of Montgomery County with a statement of the charges for services in graffiti removal, together with a proper description of the premises upon which the graffiti was removed. Such amounts shall be entered upon the tax duplicate, shall constitute a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the City with the General Fund. The remedy provided for in this subsection is in addition to the penalty provided in division (e) of this section.
(e) Penalty.
(1) Whoever violates division (b) of this section shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or imprisoned not more than six months, or both. Additionally, the court may, as a condition of probation, supervision or conditional discharge, require that the party guilty of violating the provisions of division (b) of this section make full and complete restitution to the owner of the property for expenses incurred in the removal of the graffiti or, with the consent of the owner, restore the structure, wall, building or surface to its previous condition. In addition, the court may order, as a further penalty, community service in the form of time to be spent in cleaning property that has been defaced by graffiti in any location in the City.
(2) Whoever violates division (c)(1) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The minimum fine for any subsequent violation of division (c)(1) of this section shall be fifty dollars ($50.00). Each and every day that such graffiti is permitted to remain beyond the time specified in division (c)(2) of this section shall constitute a separate violation.
(Ord. 98-10. Passed 10-19-98.)