§ 10-63. Graffiti prohibited to be applied, or to be allowed to remain.

(a)

Graffiti prohibited. 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, or allow graffiti to remain after courtesy notice or notice of declaration of public nuisance.

(b)

Exemption. Subsection (a) of 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 permitted buskers or traditional children's activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water soluble markings used in connection with any lawful business or public purpose or activity.

(c)

Removal of graffiti.

(1)

Every responsible person shall have a civic duty to remove or effectively obscure any graffiti upon such property within 48 hours, upon discovery or courtesy notice. It shall be unlawful for any responsible person to fail to remove or effectively obscure any graffiti upon such property within 48 hours after receipt of a courtesy notice.

(2)

It shall be unlawful for any responsible person to fail to remove or effectively obscure any graffiti upon such property after notice of a declaration of a public nuisance.

(d)

Restitution. In addition to any other punishment imposed, the court shall order the person convicted of a violation of this section to make restitution to the victim for the damage or loss suffered by the victim as a result of the offense. The court may determine the amount, terms, and conditions of the restitution.

(Ord. No. 2014-75, 9-23-14)

Editor's note

Ord. No. 2014-75, adopted Sept. 23, 2014, set out provisions intended for use as § 10-67. In order to preserve the sequential numbering of sections, and at the editor's discretion, these provisions have been included as § 10-63.