Graffiti declared a public nuisance

(a)

Prohibition of graffiti. It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real or personal property.

(b)

Abatement. It shall be unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession or control of property to fail to remove or effectively obscure any graffiti upon any public or private building, structure or any other real or personal property.

(c)

Enforcement. Whenever the city becomes aware of any graffiti, the city shall have the right to enter onto any private property or non-city owned governmental property and remove or obscure it.

(d)

Exception. This section shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with:

(1)

Traditional children's activities such as drawing, creating bases or a playing field for games such as stickball, kickball or handball, hopscotch and similar activities, and

(2)

Any lawful business or public purpose or activity.

(e)

Prosecution for violation of subsection (a). The city shall take all reasonable steps to apprehend and prosecute through the courts all violators of section (a) above.

(f)

Penalty for violation of subsection (a).

(1)

Fine. Any person convicted of violating subsection (a) above shall be punished by a fine of not less than two hundred and fifty dollars ($250.00) for a first offense and five hundred dollars ($500.00) for second and subsequent offenses and in no event shall the violator be allowed to substitute community service hours for payment of the monetary fine. Where a minor is the convicted violator, the fine for the second and all subsequent convictions shall be assessed against both the minor and his parent or legal guardian.

(2)

Restitution. In addition to the fine imposed in sub-subsection (f)(1), the court shall order the convicted violator to make restitution to the victim or city, as appropriate, for the damage or loss caused directly or indirectly by that offense in a reasonable amount to be determined by the court, but in any event, no less than the actual cost incurred to abate the graffiti and in no event shall the convicted violator be allowed to substitute community service hours for monetary restitution. Where the convicted violator is a minor, the court may also order his parent or legal guardian to make such restitution.

(Ord. No. 96-204, § 18, 9-26-96)