As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
The etching, painting, covering, drawing upon or otherwise
placing of a mark upon public or private property with intent to damage
such property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Speech which is protected by the First Amendment of the United
States Constitution, appropriate and lawful commercial advertising,
and lawful political discourse shall not constitute unlawful graffiti
under this chapter.
The Board of Trustees of the Village of Oakfield hereby finds
and declares that graffiti poses a serious problem for its residents
and merchants. The unabated proliferation of graffiti is a physical
blight upon the landscape of our Village and imposes substantial expense
on taxpayers, merchants and homeowners to remove and repair. The defacing
of such property and use of foul language in many of the writings
is harmful to the general public and damages the welfare of the citizens
and residents of the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall write, etch, paint or draw any graffiti on any
building or structure or any other real or personal property located
in the Village without the express written permission of the owner
of the property or his or her agent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates §
162-4 of this chapter shall be punished by a fine of not more than $200 and up to 15 days in jail, or both. Additionally, that person shall be liable for the cost of removing said graffiti from the property so defaced or, alternatively, may be ordered to perform appropriate community service, in the court's discretion. For a second offense, the violator shall be punished by a fine of not more than $500. These penalties are in addition to any sentence which may be imposed by a court for criminal mischief.