[HISTORY: Adopted by the Village Board of the Village of Shorewood 10-16-1995
by Ord. No. 1718 (§§ 9-715 and 13-827 of the
1986 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any tool, device, or substance that can be used to make permanent
marks on any natural or man-made surface.
Any inscription, word, figure, design, painting or other defacement
that is written, marked, etched, scratched, sprayed, drawn, painted or engraved
on or otherwise affixed to any public or private physical property by any
graffiti implement without the express permission of the owner or operator
or the property.
Any spray paint container, broad-tipped marker, etching equipment,
brush or any other device capable of scarring, defacing or leaving a visible
mark on any natural or man-made surface.
Any container which is made or adapted for the purpose of applying
paint or other substances capable of defacing property.
Any indelible marker or similar implement with a tip which at its
broadest width is 1/4 inch or greater containing ink or other pigmented liquid.
A.
Defacement. No person shall apply graffiti to any real
or physical property unless the express permission of the owner or operator
of the property has been obtained.
B.
Possession of graffiti implements. It shall be unlawful
for any person under the age of 18 to possess any graffiti implement in a
public or private place without the express permission of the owner or operator
of the property. The provisions of this subsection shall not apply to the
possession of wide-tipped markers by a minor attending or traveling to or
from a school at which the minor is enrolled if the minor is participating
in a class at the school that requires the possession of wide-tipped markers.
The burden of proof in any prosecution for violation of this subsection shall
be upon the minor student to establish the need to possess a wide-tipped marker.
In addition to any penalties, fines or forfeitures as provided within
this chapter, any person applying graffiti shall be responsible for compensation
to the property owner or operator for the removal of the graffiti.
A.
Purpose. Graffiti is a public nuisance and destruction
to the rights and values of property owners as well as the entire community.
Unless the Village acts to remove graffiti from public and private property,
the graffiti tends to remain; other properties then become the target of graffiti
and entire neighborhoods become affected, all to the detriment of the Village.
Through this section, the Village seeks to provide additional enforcement
tools to protect public and private property and the community from the effects
of graffiti vandalism and defacement.
B.
Nuisance.
(1)
The existence of graffiti on public or private property
in violation of this section is expressly declared to be a public nuisance
and therefore subject to the removal and abatement provisions specified in
this section.
(2)
It is the duty of both the owner of the property to which
the graffiti has been applied and any person who may be in possession or who
has the right to possess or occupy such property to at all times keep the
property clear of graffiti.
C.
Owner responsible to remove graffiti.
(1)
Removal. No person who is the owner, operator or occupant
of any real or physical property in the Village shall permit graffiti to remain
on the property.
D.
Right of Village to remove graffiti.
(1)
Right of removal. If the owner, operator or occupant
shall fail to comply with the orders of the Building Inspector or his designee
relative to graffiti removal, the Building Inspector or his designee shall
then have the authority to direct that public funds be used for the removal
of the graffiti or for the painting or repair of the surface on which the
graffiti is located without further notice to said owner, operator or occupant.[1]
(2)
Costs of removal. In addition to any other penalty provided
in this chapter, the costs of any removal, painting, repair, alteration or
maintenance for the removal of graffiti shall be billable to the owner of
the property upon which there is graffiti. Where notice has been given to
the property owner, the officers of the Village are authorized to assess such
costs as against the real estate as a special charge onto the tax roll.
A.
Enforcement by municipal citation. In addition to all other powers
granted to the Planning and Zoning Administrator, Building Inspector
or their designee to enforce the provisions of this chapter, the Planning
and Zoning Administrator, Building Inspector or their designee is authorized
pursuant to § 800.02, Wis. Stats., to issue municipal citations
for violations of any of the provisions of this chapter.
B.
Appeals. Subject to other provisions of this chapter, any person
aggrieved by an administrative ruling, judgment or decision may appeal for
a hearing before the Board of Appeals within 10 days after the issuance of
such ruling, judgment or decision. A nonrefundable appeal fee as provided
by the Village Fee Schedule shall accompany each and every appeal brought
hereunder. The Village Clerk shall give notice of a hearing to the appellant,
to be held within 30 days after service of the notice on the appellant, said
service to be served either personally or by certified mail addressed to the
appellant's last known address. All other interested parties may be given
written notice of said hearing by regular mail. Upon conclusion of the hearing
held by the Board of Appeals, the Board shall make a ruling. The written decision
of the Board shall be mailed to the appellant by the Village Clerk within
10 days of said decision. Any determination by the Board of Appeals may be
appealed to the Circuit Court of Milwaukee County as provided by law.
C.
Violations and penalties.
(1)
Any person, firm, partnership, limited liability company
or corporation found guilty of violating any of the provisions of this chapter
shall be subject to a forfeiture in a sum not less than $25 nor more than
$2,000 and the costs of prosecution and in default of the payment thereof
shall be imprisoned in the county jail or house of correction of Milwaukee
County for a period not to exceed 90 days. Every day such violation continues
shall constitute a separate offense.
