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
means an aerosolized paint product, including a clear or pigmented lacquer or finish.
Graffiti
means any unauthorized inscription, word, signature, symbol, design or other marking of any sort which is etched, written, painted, drawn or applied in any other way to any structure, building or property of any sort or to any portion or element thereof, whether the property is public or private.
Guardian
means:
(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
means any person under 17 years of age.
Owner
means any person with the legal right of possession to tangible property, which includes but is not limited to the actual owner or his lessee.
Parent
means a person who is a natural parent, adoptive parent or stepparent of another person.
Unauthorized
means without the permission of the owner or person in control of property, whether public or private.
(1998 Code, sec. 86-91; Ordinance 900-950056-2000, sec. 1, adopted 1/24/95; Ordinance 95-950171, sec. 1, adopted 9/5/95; 2013 Code, sec. 36-82)
It shall be an offense for any person to create unauthorized graffiti on any property in the city when said graffiti is visible from public property, a public right-of-way or any private property other than that on which the graffiti exists.
(1998 Code, sec. 86-92; Ordinance 900-950056-2000, sec. 2, adopted 1/24/95; 2013 Code, sec. 36-83)
(a) 
Responsibility of property owner.
An owner of any tangible property in the city commits an offense if he 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 does not violate the sign regulations of the city or any other applicable city ordinance or state or federal law.
(b) 
Notice of violation.
Prior to issuance of a citation issued for failure of a person to remove graffiti from property under his control, the owner must be given notice of the violation. Notice may be made personally to the owner in writing, by letter addressed to the owner’s mailing address or by publication in the newspaper of general circulation in the city at least twice within ten consecutive days, if personal service cannot be obtained or the owner’s mailing address is unknown. A citation for a violation of subsection (a) of this section may be issued 30 calendar days after notification of the violation to a business or business owner; if the subject property is occupied as a residence, a citation may be issued 45 calendar days after notification of the violation. Notice will be deemed to have occurred as of the day the notice was given personally to the owner, or three days after written notice was mailed to the owner, or if notice is by publication, on the date that the second or last notice is published in the newspaper of general circulation in the city. Notice shall be sufficient if it states the following regarding the offense: date, physical location denoted by street address, name of owner, and notation of the violation of this article.
(c) 
Removal by property owner.
Once provided notice by the city, an owner shall arrange graffiti removal himself.
(d) 
Request for extension of time.
Once the owner has received notice and arranged for cleanup, the owner may request, in writing, an extension of time. The request shall be directed to the chief of police and must set out the reasons for the delay. The request must be received prior to the expiration of the period set out in subsection (b) of this section. The chief shall be authorized to grant one 14-calendar-day extension.
(e) 
Computation of time periods.
The time for graffiti removal 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 U.S. mail;
(2) 
If the owner cannot be found or the notice is returned by the U.S. Postal Service, from the date the notice is published for the second time, in accordance with subsection (b) of this section; or
(3) 
The 14-day extension, if granted, shall commence immediately upon the expiration of the original time period, as calculated in subsection (e)(1) of this section.
(1998 Code, sec. 86-93; Ordinance 900-950056-2000, sec. 1, adopted 1/24/95; Ordinance 95-950171, sec. 2, adopted 9/5/95; Ordinance 200015, sec. 1, adopted 1/18/00; 2013 Code, sec. 36-84)
(a) 
Prohibited.
It shall be unlawful for a minor to possess aerosol paint of any sort or character.
(b) 
Defenses.
It shall be an affirmative defense to a violation of this section 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, or that the minor possessed the aerosol paint on the property on which he lives, or 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.
(1998 Code, sec. 86-95; Ordinance 95-950171, sec. 3, adopted 9/5/95; 2013 Code, sec. 36-86)
(a) 
Enforcement.
It shall be the duty of the chief of police to enforce the graffiti provisions of this article.
(b) 
Defenses.
It is an affirmative defense to prosecution under section 8.05.003(a) that:
(1) 
No notice was served on the property owner in compliance with section 8.05.003(b);
(2) 
The property owner has removed graffiti from that particular property three or more times within the preceding 12 months; or
(3) 
Before being issued a citation under this section, the property owner gave the chief of police 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 chief of police in which the property owner is eligible to participate.
(1998 Code, sec. 86-96; Ordinance 95-950171, sec. 3, adopted 9/5/95; 2013 Code, sec. 36-87)