The Board of Trustees finds that for the health, safety and
welfare of the residents of the Village the laws designed to deter
the defacement of public and private property through the use of aerosol
spray paint cans, broad-tipped indelible markers, etching acid and
other marking devices shall be strengthened. Further, it is the recommendation
of the Board of Trustees that, where appropriate and authorized by
law, the courts require those who commit acts of defacement to restore
the property so damaged or to perform suitable alternate community
service pursuant to the court's direction. The Board of Trustees
finds that the defacement of private property by graffiti is proliferating
throughout the Village and requires the enactment of measures to effect
its removal and to preserve, enhance and protect the aesthetics of
the Village and to ensure the general welfare of the public.
As used in this chapter, the following words and phrases shall
have the meanings specified:
BROAD-TIPPED INDELIBLE MARKERS
Any felt-tip marker or similar implement containing a fluid
or coloring matter that is not water soluble and which has a flat
or angled writing surface of 1/2 inch or greater.
DEFACE
To mar the face or surface or disfigure, injure or spoil
the appearance of.
ETCHING ACID
Any liquid, cream, paste or similar substance that can be
used to etch, carve, engrave, or otherwise impair the physical integrity
of glass or metal.
GRAFFITI
An inscription, figure, mark or design which is written,
scratched, painted or drawn on a wall, building, monument, statue,
rock or any other surface of real or personal property.
Graffiti and defacing of property is prohibited.
A. No person shall write, paint or draw any word, inscription, design,
figure or mark, or otherwise mar or deface any property, real or personal,
public or private, nor any building, church, statue, monument, office,
passenger or commercial vehicle, bridge, dwelling or structure of
any kind, including those in the course of construction or any portion
thereof, without the consent and express written permission of the
owner or proprietor thereof or, in the case of public property, of
the person having charge, custody or control thereof.
B. No person shall carry an aerosol spray paint can, broad-tipped indelible
marker, or etching acid into any public building or other public facility
with the intent of violating the provisions of the foregoing subsection
of this section.