(A) Generally.
(1) Any person who shall maliciously injure, mar, deface, remove, or destroy any real or personal property not his or her own, shall upon conviction thereof, be deemed guilty of an offense and in violation of this section.
(2) Any person who shall intentionally place or allow to be placed graffiti on any external surface of public or private property, shall upon conviction thereof, be deemed guilty of an offense and in violation of this section.
(B) Definition.
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 a public or private property which has the effect of defacing the property.
(C) Duty. It is the duty of both the owner of the property to which graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti.
(D) Restitution. In addition to any punishment specified for a violation of this section above, the court may order any violator to make restitution to the victim for damages or loss caused by the violator's offense.
(F) Removal.
(1) It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of 7 days after service by first class mail of notice of the defacement.
(2) Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal, the city shall attempt to secure the consent of the property owner or the responsible party and a release of the city from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this section, or if the city has requested a consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the graffiti removal pursuant to §§ 90.15 through 90.20.
(1975 Code, § 15-18) (Ord. 376, passed 8-3-1959; Am. Ord. 1187, passed 6-2-2008) Penalty, see § 10.99