6.9. SR 07-10-2006 - Laserfiche WebLink

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GRAFFITI I1\lPLEi\lENT. An aerosol paint container, a broad-ripped marker, gum label, paint stick or graffiti stick, etclllng equipment, brush or any other devise capable of scarring or leaving a visible mark on any natural or man-made surface. P All'JT STICK OR GRAFFITI STICK. Any device containing a solid form of paint, chalk, \vax, ep01\.)T, or odler similar substance capable of being applied to a surface by pressure and lea<ving a mark of at least one-fourth of an inch in \viddl. Sec. 46-82. Prohibited Acts. (a) DefaceJJJent. It is unla\vful for any person to apply graffiti to any natural or man-made surface on any publicly o\vned property or, \vitllout the permission of tlle o\vner or occupant, on any privately o\vned property. (b) Possessioll of graffiti illpletJlellts. It is unla\vful for any person to possess any graffiti implement benveen dle 110urs of 10:00 p.m. and 5:00 a.m. \vhile ,vithin 200 feet of any graffiti located in or on any public or pri\Tate property, building or structure. Sec. 46-83. Graffiti as Nuisance. (a) De claratioIl. TIle existence of graffiti on public or private property in violation of dus article is expressly declared to be a public nuisance and, tllerefore, is subject to tlle remo\Tal and abatement pro\Tisions specified in tllls article. (b) Duty of proper()' Olvne/: It is tlle duty of botll tIle o\vner of private property to \vrucll graffiti llas been applied and any person \vllO may be in possession or \vho llas the rigllt to possess suell property to, at all times, keep the property clear of graffiti. (c) Repeat violations. If a pri\Tate property is subject to three or more occurrences of graffiti \vithin a year, application of anti-graffiti material of a type and nature that is acceptable to tlle city may be required for publicly .viewable surfaces after notification by tlle city, or imposed during impro~lements or construction activ~ities to tlle site as determined by tlle city. Sec. 46-84. Removal of Graffiti. (a) By peJpetratol: Tile city lnay require any person applying graffiti on public or priv~ate property to eit1ler remove or pay for all costs for removal of the graffiti. witllln 24 llours after notice by tlle city. The removal must be performed in a manner prescribed by tlle city; ,vith materials and colors compatible ,vith existing surfaces, and to a comparable or impro\Ted condition before tlle graffiti application as determined by the city. \'7here graffiti is applied by a person under 18 years old, dle parents or legal guardian ,vill also be responsible for such remo\Tal or for payment for tlle costs of removal. Failure of any person to remo\Te graffiti or pay for the removal \vill constitute an additional violation of tllls article. (b) BJ' pr'OperD' OlVller or t:iD', In lieu of tlle procedure set forth in subsection (a), the city may order tllat graffiti be remo\Ted from pri\Tate property by the property owner or