§ 16-16. Graffiti as a public nuisance.

(a)

Declaration of graffiti as a public nuisance. The city board of directors hereby finds and declares that maintenance of graffiti on public and private properties within public view is obnoxious and constitutes a public nuisance, the abatement of which shall be provided as set forth herein. It is the purpose and intent of this ordinance to provide for a procedure for the prompt abatement and removal of graffiti from public and private buildings, walls and other structures in order to reduce social deterioration within the city and to promote public safety and health.

(b)

Definition. For the purpose of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:

(1)

Defacement shall mean the intentional altering of the physical shape or physical appearance of property.

(2)

Graffiti shall mean any painting, marking, symbol, design, inscription or other defacement which is visible from premises open to the public, and which is written, sprayed, painted, dyed, scratched, etched, engraved, placed with an indelible marker or otherwise applied to the real or personal property of another without the prior consent of the owner or person in possession thereof.

(3)

Indelible marker shall mean any marker, pen or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled writing surface.

(c)

Permitting graffiti to remain prohibited. It shall be 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 a right to possess said property, to at all times keep said property clean and free from graffiti. It shall be unlawful to fail to abate graffiti after receipt of notice and within the time permitted by the notice.

(d)

Notice to owners or possessors of private property. Whenever the city administrator, or his or her designee, determines that graffiti is being maintained upon any premises within the city in violation of subsection (c) of this section, the city administrator or his or her designee, shall send written notice to the owner and possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent tax assessment record and a copy shall be posted on the subject property. The notice shall state that the owner and possessor must remove the graffiti within ten (10) days from the date the notice was mailed and posted.

(e)

Removal.

(1)

Property owner's consent to remove. At the option of the city, the owners' and possessors' obligations to remove graffiti may be extinguished by any "graffiti removal program" maintained by the city. Whenever the city administrator, or his or her designee, determines that graffiti is located on public or private so that graffiti may be viewed by a person using any public right-of-way, the city administrator, or his or her designee, is authorized to provide for and use public funds previously appropriated for that purpose to remove graffiti upon the following conditions:

a.

Public property. Whenever the city administrator or his or her designee determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti is authorized after securing written consent of the public agency having jurisdiction of the property.

b.

Private property. Where the subject property is privately owned, the removal of graffiti is authorized after the city administrator, or his or her designee, secures the written consent of the owner of the property and the owner executes a release and waiver approved as to form by the city attorney.

c.

The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal.

(2)

Removal by city without consent of property owner. The city administrator or his or her designee may initiate proceedings to abate any graffiti maintained contrary to the provisions of this section only after the following has occurred:

a.

The city administrator or his or her designee has determined that graffiti within public view exists on particular premises in the city;

b.

A notice of such condition has been sent to the property owner pursuant to section (d); and,

c.

The property owner and possessor have failed to remove the graffiti. In an event of removal pursuant to this subsection (e)(2), the city administrator shall pursue collection of the city's cost of abatement from the owner and possessor pursuant to the provisions of Code of Ordinance sections 16-10, 16-11, and 16-15 and other applicable provisions of state law.

(f)

Permission required. It shall be unlawful for any person to apply graffiti to any wall, rock, street, bridge, building, fence, gate, structure, tree or other real or personal property, either publicly or privately owned, without the permission of the owner, lessee, or grantor of such property.

(g)

Penalties. Any person convicted of violating the provisions of this section either by applying graffiti or allowing graffiti to remain shall upon conviction be subject to the penalties set forth in section 1-9 of this Municipal Code.

(Ord. No. 55-05, §§ 1—3, 7-5-05)