A. Definition: "Graffiti" shall be defined as the inscription, drawing or otherwise placing upon any sidewalk, street or the surface of any structure or wall, whether publicly or privately owned, any word, phrase, diagram, symbol, sketch or letters wherein the content thereof is visible to any member of the general public, and contains, without limitation, but merely as illustration, references to sexual activity or sexual organs, references to criminal activities or groups involved in criminal activity, swearing or fighting words, defamatory materials or words about any person, or references to relationships.
B. Prohibition: It shall be unlawful for any person to inscribe, draw or otherwise place upon any sidewalk, street or the surface of any structure or wall, whether publicly or privately owned, any "graffiti" as defined in this section.
It shall be an affirmative defense to the alleged violation of this subsection if such activity was undertaken with the prior written consent of the owner of the property, which consent demonstrates that the owner was aware of the content and method of the inscription to be placed on the sidewalk, street, structure or wall.
C. Responsibility For The Removal Of Graffiti: It shall be the duty of the owner of the sidewalk, street, structure or wall upon which any inscription or representation prohibited in subsection B of this section to remove, eradicate or eliminate such inscription or representation within forty eight (48) hours from the occurrence or awareness of the offense. In the event the owner has failed to eliminate such graffiti, the owner shall be notified via certified mail or personal notice that he may be fined for each day the violation continues until such graffiti is removed.
D. Compensation And Restitution: The owner of the property shall be entitled to restitution and compensation for the direct costs incurred in the repair and restoration of his property to its previous condition from any person found liable of the offense listed in subsection B of this section, provided that the property owner submits receipts or other evidence of the costs for the removal or repair of the graffiti and provided further that the adjudicator or court enters an order of restitution. (Ord. 2012-08-31, 8-2-2012)