[Added 12-11-2006 by L.L. 7-2006[1]]
[1]
Editor's Note: This local law also repealed former Art. IV, Graffiti, added 10-28-1985 by L.L. No. 5-1985.
A. 
The Board of Trustees of the Incorporated Village of Freeport is enacting this article to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.
B. 
The Board of Trustees finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless the Village acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the Village.
C. 
The Board of Trustees intends, through the adoption of this article, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The Board does not intend for this article to conflict with any existing anti-graffiti state laws.
For the purposes of this article, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
AEROSOL PAINT CONTAINER
Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
BROAD-TIPPED MARKER
Any felt-tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than 1/4 of an inch, containing ink or other pigmented liquid that is not water soluble.
ETCHING EQUIPMENT
Any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface.
GRAFFITI
Any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface on public or private property.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.
PAINT STICK or GRAFFITI STICK
Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least 1/8 of an inch in width.
PERSON
Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
A. 
Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any Village-owned property or on any non-Village-owned property.
B. 
Possession of graffiti implements.
(1) 
By minors at or near school facilities. It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad-tipped marker.
(2) 
In designated public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the Village or while in or within 50 feet of any underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the Village.
A. 
Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, or paint stick to any person under the age of eighteen (18) years without the written consent of the parents or guardian of the person.
B. 
Display and storage.
(1) 
Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks or broad-tipped markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.
(2) 
In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad-tipped markers in an area as provided above, the establishment shall store the containers, sticks and markers in an area not accessible to the public in the regular course of business without employee assistance.
(3) 
Signage required. Every person who operates a retail commercial establishment selling graffiti implements shall:
(a) 
Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 15 days and/or a fine up to $1,000.";
(b) 
Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped markers to persons under 18 years of age is against the law and punishable by a fine of $1,000.";
A. 
Fines, imprisonment, and enforcement. Any person violating this article shall be punished by a fine of $500 for the first offense; $1,000 for the second offense; and $1,500 for each subsequent offense.
[Amended 10-21-2024 by L.L. No. 1-2024]
(1) 
In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor for payment of all fines.
(2) 
Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents' or legal guardian's property that includes the fine and administrative costs.
(3) 
Upon an application and finding of indigence, the court may decline to order fines against the minor, parents or guardian.
B. 
Restitution. In addition to any punishment specified in this section, the court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution.
C. 
Community service. In lieu of, or as part of, the penalties specified in this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements:
(1) 
The minor or adult shall perform at least thirty (30) hours of community service.
(2) 
At least one parent or guardian of the minor shall be in attendance at a minimum of 50% of the period of assigned community service.
(3) 
The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police or the Village Court.
(4) 
Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.
D. 
Civil responsibility for damages for wrongful sale, display or storage. Any person who sells, displays or stores, or permits the sale, display or storage, of any graffiti implement in violation of the provisions of this article shall be personally liable for all costs incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully sold, displayed or stored graffiti implement in violation of the provisions of this article, provided that such liability shall not exceed $2,500.
E. 
If any minor is so emancipated from his parent or legal guardian prior to the occurrence of such damage, in lieu of any liability under this article, the court may order such minor to perform services for the public good, as permitted under the general obligations.
F. 
This article shall be enforced by the Police Department of the Village of Freeport or by the Superintendent of Buildings or his duly authorized representative.
A. 
The existence of graffiti on public or private property in violation of this article is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this article.
B. 
It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has right to possess such property to at all times keep the property clear of graffiti.
Any person applying graffiti on public or private property shall have the duty to remove the graffiti within 24 hours after notice by the Village or private owner of the property involved. Such removal shall be done in a manner prescribed by the Chief of Police, the Superintendent of the Department of Buildings, or any additional Village department head, as authorized by the Village Board. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal of any shall constitute an additional violation of this article. Where graffiti is applied by an unemancipated minor, the parent or legal guardian shall also be responsible for such removal or for the payment for the removal.
If graffiti is not removed by the perpetrator according to § 155-47.2, graffiti shall be removed pursuant to the following provisions:
A. 
The owner, tenant and/or persons in control of any building or personal property shall be required to remove any graffiti applied to such property not more than 48 hours after such graffiti occurs. Failure to remove graffiti shall be a violation of this chapter.
B. 
Failure or refusal to remove graffiti.
(1) 
In the event that the owner, tenant and/or person in control of such a building, property or personal property shall fail or refuse to remove graffiti from his property, then such person or persons may be notified, in writing, mailed to the property address, by the Superintendent of Buildings or his designated agent, that such person shall have a period of up to 48 hours from the receipt of such notice to complete removal or coverage of such graffiti. If weather conditions do not allow for the removal of said graffiti, the Superintendent of Buildings and/or their designated agent shall be permitted to extend the forty-eight-hour time frame for a period of time until weather conditions permit the removal of said graffiti.
[Amended 10-21-2024 by L.L. No. 1-2024]
(2) 
If such owner, tenant, and/or person in control fails to comply with the terms of such notice within the time set forth therein, then the Village of Freeport Department of Buildings may order employees of any Village department or a contractor with an agreement approved by the Village Board to engage in maintenance, repair and other services needed to effectuate the elimination or coverage of such graffiti on such property. All cost of such work shall be billed to the owner of the property and, if unpaid after 90 days, shall be certified to the Treasurer of the Incorporated Village of Freeport for inclusion as taxes upon such parcel of property as was benefited thereby.
Severability is intended throughout and within the provisions of the article. If any section, subsection, sentence, clause, phrase or portion of this article is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this article.