The use of broad-tipped pens, paint spray cans,
pencils, pens, crayons or other marking devices to write graffiti,
verbal or otherwise, on the walls or other available spaces on public
or private buildings, vehicles, areas or facilities, causes serious
defacement of such buildings, vehicles and areas, public and private,
and contributes to the deterioration of property values, as well as
offending the public's right, public and private, not to have unsightly
and unlawful graffiti on, with defacement of, public and private property,
and it constitutes a deleterious practice contrary to the public health
and welfare. In addition, such contempt for the property rights of
private citizens, as well as public facilities, contributes to the
erosion of law and order and contributes to the deterioration in the
quality of life of the community and must be opposed and punished.
[Amended 10-19-1977 by Ord. No. 1261; 12-21-1994 by Ord. No.
129/94]
Any person who is convicted of a violation of
any section of this article shall be subject to a fine not to exceed
$1,000 and/or imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.
As used in this article, the following terms
shall have the meanings indicated:
GRAFFITI
Includes any and all unsightly, offensive or defacing writings,
drawings, markings or other written or pictorial matter by any method
or device, and of any content which contributes to the defacement
of the real or personal property involved and which contributes to
the ugliness and unsightliness of the object, space, area or community
and which is detrimental to the beauty, neatness and good order of
the area and community.
In the enforcement of this article, all persons,
directly or indirectly involved, shall be equally responsible and
guilty, not alone the individual who may personally deface the object
or area, but others in a group who encourage and participate in such
actions, as well as persons who make available the tools, writing
material, ladders, lookouts, materials or assistance or who knowingly
supply funds to acquire such materials for such purposes, including
parents and friends, shall be equally guilty and liable to punishment
under this article.
It is intended that this article shall not repeal
or affect other ordinances, but shall be supplementary and in addition
thereto.
This article shall not be construed to prohibit
easily removable chalk markings on the public sidewalk and street
in connection with traditional children's games, such as bases for
stickball, handball, hopscotch and the like, nor temporary, easily
removed chalk markings in connection with any lawful business or public
purpose or activity.