The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aerosol paint.
Any aerosolized paint product, including a clear or pigmented lacquer or finish.
Aerosol paint container.
Any aerosol container that is adapted or made for the purpose of applying aerosol paint, spray paint or another substance capable of defacing property.
Graffiti.
Any marking, including inscriptions, slogans, drawings, or paintings, made with a graffiti implement on tangible property without the effective consent of the owner of the property.
Graffiti implement.
Any aerosol paint, aerosol paint container, broad tip marker, gum label, paint stick or graffiti stick, etching or engraving device, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
Guardian:
(1) 
A person who, under court order, is the guardian of the person of a minor; or
(2) 
A public or private agency with whom a minor has been placed by a court.
Minor.
An individual younger than 17 years of age.
Owner.
Any person with legal right of possession to tangible property.
Parent.
A person who is a natural parent, adoptive parent, or step-parent of another person.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
(a) 
Graffiti, as defined by this article, is hereby declared a nuisance and is prohibited.
(b) 
It shall be unlawful for any person to apply graffiti to any natural or manmade surface of any city-owned or non-city-owned property.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
(a) 
Any person who violates any section of this article shall be guilty of a violation as provided in section 1-14.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
(a) 
A person commits an offense if, with criminal negligence, he sells aerosol paint to a minor.
(b) 
It is a defense to prosecution that the minor falsely represented himself to be 17 years old or older by displaying an apparently valid state driver’s license or identification card issued by the State Department of Public Safety containing a physical description consistent with his appearance for the purposes of inducing the person to sell him aerosol paint.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
(a) 
A person commits an offense if, with criminal negligence, he purchases aerosol paint for or gives or makes available aerosol paint to a minor.
(b) 
It is a defense to prosecution that the person was the minor’s adult parent, guardian, or spouse, or an adult in whose custody the minor was committed by a court, and the person was visibly present when the minor possessed or used the aerosol paint product.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
(a) 
It shall be unlawful for a minor to possess aerosol paint of any sort or character.
(b) 
It shall be unlawful for a minor to possess any graffiti implement while on any school property or in areas immediately adjacent to school property upon public property or upon private property without prior written consent of the owner or occupant of such private property.
(c) 
It is a defense to prosecution that at the time of possession the minor was accompanied or supervised by a parent or guardian, a teacher in connection with a bona fide school project, or a supervisor during the minor’s regular employment.
(d) 
It is a defense to prosecution that the minor possessed the graffiti implement on the property at which he lives.
(e) 
It is a defense to prosecution that the possession occurred as part of an organized event sponsored or supervised by the city, a school, a church, or some other officially recognized entity.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, transportation vehicle, park, playground, swimming pool, recreation facility, or other public building or structure owned or operated by the city or while in or within 50 feet from an underpass bridge abutment, storm drain, or similar type of infrastructure, unless authorized by the city.
(Ordinance 79-2008, sec. 1, adopted 12/16/08)
(a) 
It shall be unlawful for an owner to permit graffiti to remain on his property, except where:
(1) 
The graffiti is located on transportation infrastructure; or
(2) 
The removal of the graffiti would create a hazard for the person performing the removal.
(b) 
Prior to any enforcement or removal efforts by the city, the building and code administrator or his designee shall inform a property owner in writing that the city will remove the graffiti from the owner’s property free of charge and shall request that the property owner give written permission for removal and release the city, its contractors, and/or volunteer personnel from liability in the performance of the graffiti abatement program by completing a permission and release from liability form.
(c) 
Should the property owner give written permission for the city to remove the graffiti, the city may remove the graffiti free of charge. No enforcement or lien efforts shall be undertaken against a property owner who has given written permission for the city to remove the graffiti.
(d) 
If the city informs a property owner in writing of the removal free of charge in accordance with this section and the United States Postal Service returns the notice as “refused” or “unclaimed,” or the property owner fails to respond to the city’s request for written permission to remove the graffiti within 30 calendar days of the date such permission is requested, the property owner will be deemed to have refused the offer.
(e) 
If the property owner refuses the offer of removal free of charge, the building and code administrator or his designee shall serve the property owner with written notice to abate graffiti from the property within 15 calendar days after the date the notice is received. The notice to abate the graffiti shall be given:
(1) 
Personally to the owner in writing;
(2) 
By letter sent by certified mail addressed to the property owner at the property owner’s address as contained in the records of the appraisal district in which the property is located; or
(3) 
If personal service to the owner of the property cannot be obtained under subsection (e)(1) or (e)(2) of this section, then by:
a. 
Publication at least once in a newspaper of general circulation in the city;
b. 
Posting the notice on or near the front door of each building on the property to which the notice relates; or
c. 
Posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.
(f) 
If the building and code administrator or his designee mails a notice to a property owner in accordance with this section and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(Ordinance 79-2008, sec. 1, adopted 12/16/08; Ordinance 47-2009, sec. 1, adopted 8/4/09)
(a) 
The notice provided to an owner described in section 78-49 shall include the following:
(1) 
The date and nature of the graffiti, to include a description of the graffiti detailing the color and approximate size and location of the graffiti;
(2) 
The physical location of the property on which the graffiti exists by street address or lot and block number;
(3) 
The name of the owner.
(b) 
If a property owner wishes to have the city remove graffiti, whether the owner has received a notice for the graffiti or not, the owner shall:
(1) 
File a police report with the police department;
(2) 
Give written permission and release the city, its contractors, and/or volunteer personnel from liability in the performance of the graffiti abatement program by completing a permission and release from liability form; and
(3) 
Pay a fee as established by separate ordinance to the city in advance for the cost of materials and labor for graffiti abatement.
(Ordinance 79-2008, sec. 1, adopted 12/16/08; Ordinance 47-2009, sec. 1, adopted 8/4/09)
If the graffiti is not removed by the owner within 15 calendar days after the date the notice is received, the city may, without further notice, make entry upon the property by it, its contractors and/or volunteer personnel, and remove the graffiti. If the city removes the graffiti after notice is given and the 15th calendar day after the date of the notice has passed, the expenses of removal in accordance with a fee schedule adopted by the city will be charged to the property owner for the expense of removal and a lien may be filed against the property.
(Ordinance 79-2008, sec. 1, adopted 12/16/08; Ordinance 47-2009, sec. 1, adopted 8/4/09)
(a) 
The city may assess the expenses of removal incurred by the city for the abatement of graffiti pursuant to section 78-51 against the real property on which the graffiti abatement was done.
(b) 
To obtain a lien against the property for expenses incurred under section 78-51, the building and code administrator, on behalf of the city, must file a statement of expenses with the county clerk of the county in which the property is located. The statement of expenses must contain:
(1) 
The name of the property owner, if known;
(2) 
The legal description of the property; and
(3) 
The amount of expenses incurred under section 78-51.
(c) 
A lien described by subsection (b) of this section attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to:
(1) 
Any previously recorded lien; and
(2) 
The rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by subsection (b) of this section.
(Ordinance 79-2008, sec. 1, adopted 12/16/08; Ordinance 47-2009, sec. 1, adopted 8/4/09)