[Ord. 2004-153 § 2
(part)]
A. GRAFFITI – Means any sign, symbol, marking, drawing, name,
initial, word, diagram, sketch, picture, or letter placed upon the
real or personal property of an owner without the owner's express
consent; provided, however, consent of the owner shall not be an exception
where the graffiti is visible from public property or right-of-way
and tends to incite violence or disorderly conduct or is obscene under
state law. After a prima facie showing that an inscription or marking
is graffiti, the burden of proving the owner's express consent is
upon the defendant.
B. HEARING OFFICER – Means the City Administrator or his designee.
C. IMPLEMENT OF GRAFFITI – Means a spray paint container, paint,
ink, marking pens containing non-water-soluble fluid, brushes, or
other materials used for painting, marking, scratching or etching
in a nontemporary way.
D. MINOR – Means any person under the age of 18 years.
[Ord. 2004-153 § 2
(part)]
A. It shall be unlawful for any person to place graffiti upon the real
or personal property of another.
B. It shall be unlawful for any person to have graffiti, visible from
public property or right-of-way, upon his real or personal property
for more than a reasonable time period not to exceed 10 days.
[Ord. 2004-153 § 2
(part)]
Graffiti, visible from public property or right-of-way, is hereby
declared a nuisance and must be removed by the property owner within
a reasonable time period not to exceed 10 days after notification
by the City. Said notice shall be delivered personally or telephonically
to the property owner followed by written notice through the regular
U.S. mail. The property owner shall be informed in said notice as
to the deadline by which he must act. If the property owner wishes
to appeal the notice, he may do so by filing a written notice of appeal
with the neighborhood enhancement office of the City and paying an
appeal fee of $25. Said appeal shall be heard by the hearing officer.
Upon hearing, the hearing officer shall make a determination if graffiti
is present. If graffiti is found to be present, said hearing officer
shall specify a time by which the graffiti shall be removed. If the
graffiti remains after the deadline provided by the initial notice,
or in the case of an appeal the deadline specified by the hearing
officer, the City may remove the graffiti and assess the cost of abatement
against the property.
[Ord. 2004-153 § 2
(part)]
A. No person shall sell or otherwise transfer any spray paint in cans
larger than three fluid ounces to a minor.
B. No minor shall, at the time of purchase of any spray paint container,
furnish fraudulent evidence of majority.
C. No minor shall possess a spray paint container in cans larger than
three fluid ounces on any private property, except with the express
permission of the lawful owner or manager of said private property.
D. No minor shall possess an implement of graffiti upon public property
after nine p.m. when not in the company of his parent or legal guardian.
E. No person shall, absent express permission of the property owner,
possess an implement of graffiti in any public building, or upon any
public property or private property with the intent to use the same
to deface said building or any property thereon.
F. Any person whose business includes the sale of any spray paint container
shall have posted in a conspicuous place a sign which clearly states
that: "It is unlawful to sell spray paint in cans larger than three
fluid ounces to any person under the age of 18 years."
[Ord. 2004-153 § 2
(part)]
A violation of Section 9.22.020A or Section 9.22.040 A-E may
constitute either a simple misdemeanor or a municipal infraction.
A violation of Sections 9.22.020B, 9.22.030, 9.22.040F is a municipal
infraction. Any simple misdemeanor violation under this chapter shall
be punished by a fine not to exceed $500 and/or up to 30 days in jail.
A municipal infraction violation under this chapter shall be punished
by a fine up to the maximum amount allowed under Iowa law and/or any
other equitable relief deemed just by the court.