Section 11-1-3 Defacing Public and Private Property
A. Definitions. The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Etch" means to permanently alter a surface by use of an etching solution or implement.
2. "Graffiti" means writing, drawing, inscribing, etching, spray painting, sketching or otherwise applying a message, slogan, sign, image or symbol or mark of any type on any public or private building, structure or surface made without the express permission of the responsible party.
3. "Responsible party" means an owner, occupant, lessor, lessee, manager, licensee or other person having the right to control property upon which graffiti occurs.
B. It is unlawful for any person to deface any public property, including but not limited to writing or drawing thereon, or painting or pasting thereon, or attaching thereto any handbill or advertisement or other drawing or to scratch, mar, disfigure or defile such property or the floors or walls thereof. A complaint may be filed against any person in violation of this section by any citizen of the Town or any police officer or other public official of the Town who witnesses the incident.
C. It is unlawful for any person to deface any private property, by writing or drawing thereon or by painting or pasting thereon, or attaching thereto any handbill or advertisement or other drawing or to scratch, mar, disfigure or defile such property or the floor or walls thereof without the express permission of the owner of such property. In the event of a violation of this subsection, the owner or the person entitled to possession may file with the law enforcement agency a complaint against any individual who violates this section of the code.
D. A violation of this section shall be considered a civil offense punishable by a civil sanction pursuant to Section 1-8-3. In the event the defendant charged is a juvenile, his parents or other persons with whom he resides or who have custody over such juvenile shall be likewise cited and shall be subject to the fines provided herein.
E. In addition to the fines provided herein, the Town magistrate may impose other appropriate sentencing, including the requiring of public service time within the Town limits, cleaning up graffiti, picking up waste and other papers and providing for such other community service as the court deems appropriate.
F. The council is specifically authorized to offer a reward for the apprehension of parties who might be guilty of violation of this section and to solicit reward funds and other cooperation from the citizens and business community of the Town.
G. Graffiti Prohibited. All sidewalks, walls, buildings, fences, signs, and other structures or surfaces shall be kept free from graffiti that is visible from the street, right-of-way or other public or private property.
1. Notice of Abatement. If it is determined by the Town that graffiti exists on property in violation of this section, the Town shall, in writing, notify the responsible party with a notice of abatement. The notice of abatement shall direct that the graffiti be abated within twenty (20) days of receipt of the notice. The notice of abatement shall state that in the event the responsible party fails to abate the graffiti within the time period specified in the notice of violation, the Town may, in addition to the civil penalty remedies set forth in Section 1-8-3, abate the graffiti as set forth in subsection (G)(2) of this section, and may bill the responsible party for the cost and administrative charge as set forth in subsection (G)(2) of this section. The notice of abatement may be served by regular mail, personal service or by posting the subject property.
2. Town’s Authority to Abate. If the responsible party fails to abate the graffiti as required by the notice of abatement, the Town may proceed to abate the graffiti and may bill the responsible party for the cost thereof plus an administrative charge of ten percent (10%) of the cost of abatement. The Town or its authorized private contractor is expressly authorized to enter private property and abate graffiti thereon in accordance with this section. (2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021; 13-05, Amended, 05/16/2013)