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A. General Prohibition: No person shall damage, befoul, disturb, destroy or deface any village property or any public or private property without permission of the owner.
1. Nuisance: It shall be unlawful, and is hereby declared a nuisance to place graffiti, or permit graffiti to remain upon any public or private curbstone, flagstone, brick, sidewalk or any portion of any part of any sidewalk or street, or upon any tree, lamppost, telephone pole, utility box, utility pole stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle, bridge, pier or upon any other public or private structure or building.
2. Defined: "Graffiti" is any permanent display of any name, identification, letter, numeral, figure, emblem, insignia, a picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed, and which is a different color from the color of the exterior of those objects or structures described above and to which it is affixed.
3. Removal: It shall be the duty of the chief of police to serve or cause to be served, a notice upon the owner or party in possession of any such object or structure upon which graffiti is present and to demand the abatement of the nuisance within five (5) days. All exterior surfaces shall be kept clean and free of graffiti. Surfaces which have been exposed to graffiti shall be cleaned, painted or in some manner covered, so as to effect the complete removal or the graffiti from that surface and return the surface to its prior condition within five (5) days of receipt of the violation notice to the owner unless extenuating circumstances prevent work from being done, in which case the chief of police may give an extension for the removal of graffiti.
4. Penalty: Whoever violates any provision of this subsection B shall be fined one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours for each offense and be responsible for the village's cost of prosecution. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to the owner of any property damaged or destroyed.
C. Firefighting Apparatus, Hydrants Or Equipment: Whoever wilfully and maliciously cuts, injures, damages, tampers with or destroys or defaces any fire hydrant or any fire hose or any fire engine, or other public or private firefighting equipment, or any apparatus appertaining to such equipment, or intentionally opens any fire hydrant without proper authorization, is guilty of this offense, punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or community service and/or restitution to the victim for cost of replacement of damaged equipment.
D. Village Supported Property: Any of the following acts is punishable by fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) and/or public or community service not to exceed one hundred twenty (120) hours:
1. Knowingly damages any property supported in whole or in part with village funds; or
2. Knowingly, by means of fire or explosives damages property supported in whole or part with village funds; or
3. Knowingly starts a fire on property supported in whole or in part with village funds; or
4. Knowingly, deposits on land or in a building supported in whole or in part with village funds, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building. (2004 Code)