Chapter 8.40
GRAFFITI
Sections:
8.40.010 Prohibited.
(1) No person may put graffiti, as defined in this chapter, on any property, real or personal, where it will be visible from public property.
(2) No person owning or in control of any property may allow the property to be used as a location for graffiti, or fail or refuse to remove, cover, or grant permission to the town personnel to remove or cover the graffiti from the property when so directed by a police officer. (Ord. 487 § 1, 1997)
8.40.020 Defined.
For the purposes of this chapter, “graffiti” is any sign or symbol, including the painting of murals, placed upon property:
(1) By the application of a substance such as paint, ink, dye, chalk, or other marks, or by the removal of material by scratching, carving, gouging, or cutting;
(2) For the apparent purposes of communicating, in code or otherwise, among members of a club, organization, gang, or other group, any message, including the presence of the organization in a location;
(3) Which communication is likely to incite or foster violence or other criminal activity. (Ord. 487 § 2, 1997)
8.40.030 Removal.
(1) Whenever a marking is determined by a police officer to constitute graffiti, a law enforcement officer may direct any owner or other person in possession of the property upon which the graffiti has been placed to immediately remove or cover the graffiti, or in the alternative, grant permission for town personnel to enter upon the premises and remove or cover the graffiti, waiving any claims for trespass or resulting damage to the property.
(2) The town may charge the property owner or the person in possession of the property the cost to the town for the removal or covering of the graffiti when the removal or covering is performed by town personnel.
(3) Any owner or other in possession who fails to comply with the police officer’s direction under this section violates CDMC 8.40.010. (Ord. 487 § 3, 1997)
8.40.040 Violation – Penalty.
Failure to perform any act required, or the performance of any act prohibited by this chapter, shall be designated a civil infraction. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty, which penalty may not exceed $500.00 for each offense. Each day during which a violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense. (Ord. 487 § 4, 1997)