For the purposes of this article, the following
words shall have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a different meaning:
AEROSOL PAINT CONTAINER
Any aerosol container that is adapted or made for the purpose
of applying spray paint or other substances capable of defacing property.
BROAD-TIPPED MARKER
Any felt-tip indelible marker or similar implement with a
flat or angled writing surface that, at its broadest width, is greater
than 1/4 of an inch, containing ink or other pigmented liquid that
is not water soluble.
ETCHING EQUIPMENT
Any tool, device, or substance that can be used to make permanent
marks on any natural or man-made surface.
GRAFFITI
Any inscription, word, figure, painting or other defacement
that is written, marked, etched, scratched, sprayed, drawn, painted,
or engraved on or otherwise affixed to any surface on public or private
property.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device capable of scarring or leaving a visible mark on any natural
or man-made surface.
PAINT STICK or GRAFFITI STICK
Any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface
by pressure and leaving a mark of at least 1/8 of an inch in width.
PERSON
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Any person applying graffiti on public or private
property shall have the duty to remove the graffiti within 24 hours
after notice by the Village or private owner of the property involved.
Such removal shall be done in a manner prescribed by the Chief of
Police, the Superintendent of the Department of Buildings, or any
additional Village department head, as authorized by the Village Board.
Any person applying graffiti shall be responsible for the removal
or for the payment of the removal. Failure of any person to remove
graffiti or pay for the removal of any shall constitute an additional
violation of this article. Where graffiti is applied by an unemancipated
minor, the parent or legal guardian shall also be responsible for
such removal or for the payment for the removal.
If graffiti is not removed by the perpetrator according to §
155-47.2, graffiti shall be removed pursuant to the following provisions:
A. The owner, tenant and/or persons in control of any
building or personal property shall be required to remove any graffiti
applied to such property not more than 48 hours after such graffiti
occurs. Failure to remove graffiti shall be a violation of this chapter.
B. Failure or refusal to remove graffiti.
(1)
In the event that the owner, tenant and/or person
in control of such a building, property or personal property shall
fail or refuse to remove graffiti from his property, then such person
or persons may be notified by certified mail, return receipt requested,
mailed to the property address, by the Superintendent of Buildings
or his designated agent, that such person shall have a period of up
to 48 hours from the receipt of such notice to complete removal or
coverage of such graffiti. If weather conditions do not allow for
the removal of said graffiti, the Superintendent of Buildings and/or
their designated agent shall be permitted to extend the forty-eight-hour
time frame for a period of time until weather conditions permit the
removal of said graffiti.
(2)
If such owner, tenant, and/or person in control
fails to comply with the terms of such notice within the time set
forth therein, then the Village of Freeport Department of Buildings
may order employees of any Village department or a contractor with
an agreement approved by the Village Board to engage in maintenance,
repair and other services needed to effectuate the elimination or
coverage of such graffiti on such property. All cost of such work
shall be billed to the owner of the property and, if unpaid after
90 days, shall be certified to the Treasurer of the Incorporated Village
of Freeport for inclusion as taxes upon such parcel of property as
was benefited thereby.
Severability is intended throughout and within
the provisions of the article. If any section, subsection, sentence,
clause, phrase or portion of this article is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this article.