[Ord. 1869, 4/2/2007, Section 1]
Graffiti causes serious defacement of buildings, vehicles and
areas, public and private, and contributes to the deterioration of
property values, as well as offending the public's right not to have
unsightly and unlawful graffiti on, with defacement of, public and
private property, and it constitutes a deleterious practice contrary
to the public health and welfare. The prompt removal of graffiti is
a significant component of a comprehensive antigraffiti effort and
must be required in those cases where voluntary removal is not achieved.
[Ord. 1869, 4/2/2007, Section 2]
The following words, when used in this ordinance, shall have
the meanings ascribed to them in this section:
Any unauthorized inscription, word, figure, painting, symbol,
insignia or other defacement that is written, marked, etched, scratched,
sprayed, drawn, painted, or engraved on or otherwise affixed to any
surface of public or private property by any graffiti implement, to
the extent that the graffiti was not authorized in advance by the
owner or occupant of the property.
Any person living and/or sleeping in a dwelling or having
possession of a space within a building.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
A lot, plot or parcel of land, whether improved or unimproved,
including portions occupied by a street or alley and portions of land
between sidewalks and streets.
[Ord. 1869, 4/2/2007, Section 3]
No owner of premises within the Municipality shall permit any
graffiti to accumulate or otherwise remain on any property so as to
be visible to the public. All such graffiti in hereby declared to
be a nuisance and detrimental to the health, safety and welfare of
the residents of the Municipality.
[Ord. 1869, 4/2/2007, Section 4]
A person who is an owner and/or occupant of any premises shall
be responsible for the removal of graffiti. Both the owner and the
occupant shall be responsible for the compliance with this ordinance.
[Ord. 1869, 4/2/2007, Section 5]
Council, or any officer or employee of the Municipality designated
thereby for the purpose, is hereby authorized to give notice, by personal
service or by United States mail, to the owner or the occupant, or
either of them, of the presence of graffiti on the premises and the
requirements of this ordinance, directing and requiring such occupant
or owner or both of them to remove graffiti so as to conform to the
requirements of this ordinance, within 30 calendar days after issuance
of such notice if issued on or between March 16 and October 15 of
each year and within 90 days after issuance of such notice if issued
on or between October 16 and March 15 of the following year.
[Ord. 1869, 4/2/2007, Section 6]
After a period of no less than 30 days or 90 days after the
issuance of the notice as provided in § 4-705, the Municipality's
authorized agent may inspect the premises for compliance with this
ordinance. If, after the 30 days' or 90 days' notice time, the Municipality's
authorized agent observes the premises to still be in violation, an
ordinance violation notice shall be issued to the owner and/or occupant
either by personal delivery, by United States mail directed to the
last known address, or by posting the violation notice upon the premises
where such violation occurs. Each twenty-four-hour period thereafter
shall constitute a separate violation and an ordinance violation notice
may be issued every 24 hours.
[Ord. 1869, 4/2/2007, Section 7]
Any person, firm, partnership or corporation who or which shall
violate any of the provisions of this ordinance shall, upon conviction
thereof, be sentenced to pay a fine not less than $50 nor more than
$600 and costs of suit. Each day's violation shall constitute a separate
offense and notice to the offender shall not be necessary in order
to constitute a separate offense, nor shall notice to the offender
be necessary in order to constitute an offense.
