(a)
In
this section:
(1)
“Graffiti” means any marking, including, but not limited
to, any inscription, slogan, drawing, design, painting, symbol, logo,
name, character, or figure, that is scratched, painted, sprayed, or
placed on any surface of public or private buildings, structures or
other facility or upon any other property regardless of the nature
of the material of the structured component of property.
(2)
“Owner” means any person with the legal right of possession
to tangible property.
(b)
An
owner of any tangible property in the city commits an offense if he/she
fails to remove all graffiti from the property that is visible from
any public property or right-of-way, or from any private property
other than the property on which the graffiti exists, unless the graffiti
was created on the property with the owner’s consent and it
does not violate any applicable city ordinance or state or federal
law.
(c)
Before issuing a citation for violation under subsection (b) of this section, the chief of police or the city’s code enforcement officer shall serve the property owner where said graffiti is located with written notice to remove the graffiti within twenty-one (21) calendar days from the date the notice is served. The notice may be served by handing it to the owner in person, or by United States certified mail, five-day return receipt requested, addressed to the owner at the owner’s post office address as shown on the tax rolls of the city or of the county where the property is located. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified by:
(1)
Publication two times, within ten (10) consecutive days in the official
newspaper adopted by the city council;
(2)
Posting the notice on or near the front door of each building on
the property to which the violation relates; or
(3)
Posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates, if the property
contains no buildings.
(d)
The
twenty-one (21) calendar days will be counted:
(1)
From the date the notice is personally served on the owner or from
the sixth day after the notice is placed in the United States certified
mail; or
(e)
It is a defense to prosecution under subsection (b) of this section that:
(2)
The property owner has removed graffiti from that particular property
three (3) or more times within the preceding twelve (12) months; or
(3)
Before being issued a citation under this section, the property owner
gave the chief of police or the city’s code enforcement officer
written authorization to allow persons to enter onto the property
and remove the graffiti pursuant to a volunteer or community service
program approved by the city’s code enforcement officer in which
the property is eligible to participate.
(4)
The property owner gave consent for the graffiti to be placed on
said tangible property, and that the graffiti is not in violation
of any regulation of the city.
(f)
If,
after the expiration of the twenty-one-day notice, as described in
this section, the graffiti is not removed, the chief of police or
the code enforcement officer shall remove or cause to be removed all
said graffiti by any means deemed sufficient by said officials. All
costs of the abatement of the graffiti shall be charged to the property
owner. Recovery of said expenses will be done in accordance with any
and all state and federal regulations and/or laws.
(1996 Code, sec. 7.1101)
(a)
In
this section:
(1)
“Graffiti” means any marking, including, but not limited
to, any inscription, slogan, drawing, design, painting, symbol, logo,
name, character, or figure, that is scratched, painted, sprayed, or
placed on any surface of public or private buildings, structures or
other facility or upon any other property regardless of the nature
of the material of the structured component of property.
(3)
“Minor” means any person under eighteen (18) years of
age.
(4)
“Parent” means a person who is the natural parent, adoptive
parent, or stepparent of another person.
(b)
A
parent or guardian of a minor commits an offense if he/she intentionally,
knowingly or recklessly permits, or by insufficient control, allows
the minor to create graffiti on tangible property in the city without
the property owner’s consent.
(c)
It
is a defense to prosecution under this section if the minor has been
emancipated from parental control as mandated by state or federal
regulations and/or laws.
(1996 Code, sec. 7.1102)
(a)
In
this section:
(1)
“Graffiti” means any marking, including, but not limited
to, any inscription, slogan, drawing, design, painting, symbol, logo,
name, character, or figure, that is scratched, painted, sprayed, or
placed on any surface of public or private buildings, structures or
other facility or upon any other property regardless of the nature
of the material of the structured component of property.
(3)
“Graffiti implement” means any spray paint container,
liquid paint in cans or other containers, graffiti stick, paint stick,
or etching tool capable of scarring or otherwise defacing glass, metal,
concrete or wood.
(4)
“Minor” means any person under eighteen (18) years of
age.
(5)
“Parent” means a person who is the natural parent, adoptive
parent, or stepparent of another person.
(6)
“Paint stick” or “graffiti stick” means any
device containing a solid form of paint, chalk, wax or other similar
substance capable of being applied to a surface by pressure and upon
application, leaving a visible mark that is not water soluble.
(7)
“Spray paint” means any pressurized spray cans containing
paint, including but not limited to a clear or pigmented lacquer finish.
(b)
It
shall be unlawful for a minor to be in possession of any sort of graffiti
implement unless said minor is accompanied by a parent or guardian.
(c)
It
shall be unlawful for any person to sell or otherwise transfer any
spray paint, graffiti stick, paint stick or any other graffiti implement
to a minor unless said minor is accompanied by a parent or guardian
at the time of purchase or transfer.
(d)
It
shall be unlawful for any minor to furnish fraudulent evidence of
majority to purchase or obtain any spray paint container, graffiti
stick, paint stick, or any other graffiti implement.
(e)
It
shall be unlawful for any person to have in his or her possession
any graffiti implement on private property not open to the public,
for the purpose of defacing property. The graffiti implement shall
be presumed to be for the purpose of defacing property if it is in
the holder’s possession while the holder is on private property
closed to the public, without permission from either the owner or
the owner’s lawful agent.
(f)
It
shall be unlawful for any person to have in his or her possession
any graffiti implement in (1) any public park; (2) public swimming
pool; (3) any other public recreational facility; (4) city hall; or
(5) any other public ground of the city when the facility is closed
to the public.
(g)
It
shall be unlawful for the parent or guardian of a minor to intentionally,
knowingly or recklessly, or by insufficient control permit a minor
to be in possession of any graffiti implement in (1) any public park;
(2) public swimming pool; (3) any other public recreational facility;
(4) city hall; or (5) any other public ground of the city when the
facility is closed to the public.
(h)
It is a defense to prosecution under subsection (b) if at the time of possession of any spray paint or graffiti implement that:
(2)
The minor’s possession was in connection with an event sponsored
by the city, a church or some other officially recognized entity and
with the express permission of the property’s owner or owner’s
agent.
(3)
The minor has been emancipated from parental control as mandated
by state or federal regulations and/or laws.
(1996 Code, sec. 7.1103)
