§ 19-72. Graffiti.

(a)

Definitions. For the purposes of this section, the following definitions shall apply:

Felt tip marker means an indelible marker or similar implement with any size tip containing an ink that is not water soluble.

Graffiti means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn or painted on any surface of public or private buildings, structures or other facility or upon any other property, regardless of its content or nature and regardless of the nature of the material of the structural component or property.

Graffiti implement means any aerosol paint container, a felt tip marker, or a paint stick or etching tool capable of scarring or otherwise defacing glass, metal, concrete or wood.

Paint stick or graffiti sticks means any device containing a solid form of paint, chalk, wax epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application, leaving a visible mark, and that is not water soluble.

(b)

Offenses:

(1)

It shall be unlawful for any person who shall be in any place, public or private, to deface, write or mark, cut, print, stamp, indent or display any word, sentence, symbol or figure on public or privately owned buildings, permanent structures, or places located within the city without authorization of the property owner.

(2)

It shall be unlawful for any person to have in his or her possession, any graffiti implement in any public park, public school ground, public playground, public swimming pool, public recreational facility, any public right-of-way, or other public grounds in the city when the public facility is closed to the public.

(3)

It shall be unlawful for any person to have in his or her possession, for the purpose of defacing property, any graffiti implement while on private property not open to the public. The graffiti implement shall be presumed to be for the purpose of defacing property if it is in the holder's possession while the holder is on a private property closed to the public without permission from the owner or his lawful agent.

(4)

It shall be an offense for the parent or legal guardian of a child under seventeen (17) years of age to intentionally, knowingly, recklessly, or with criminal negligence allow the child to violate the provisions of this subsection (b).

(c)

Penalties. Violation of any of the provisions of this section shall be an offense and shall be punished by a fine not to exceed five hundred dollars ($500.00). The court shall have the discretion to provide other means of punishment which may include community service. In setting the penalties, due consideration will be given to the costs incurred by the property owner to remove the graffiti, the amount and visual prominence of the graffiti, and past history of the offender. In all cases, requiring removal of graffiti at the offender's expense shall be considered.

(d)

Severability. If any provision of this section is illegal, invalid or unenforceable under present or future laws effective during the term of this section, then and in that event, the remainder of this section shall not be affected thereby, and that in lieu of each provision that is illegal, invalid or unenforceable, there be added as a part of this section a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

(Ord. No. 97-24, § 1, 7-15-1997)