"Graffiti" means any and every name, identification description, announcement, declaration, demonstration, display illustration, insignia or symbol which is otherwise provided for by village ordinance, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed directly to or upon any of the following objects or structures: real or personal property, public or private curbstone, flagstone, or any portion or any part of any sidewalk or street upon any tree, lamp post, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, pier or upon any other public or private structure or building. This definition shall not be interpreted to include newspapers, magazines or news-boxes used in their distribution, or political signs or placards used in election campaigns. (Ord. 95-1411 § 1(a), 1995)

(a) It is unlawful for any person to place graffiti upon any of the following objects or structures: real or personal property, public or private curbstone, flagstone, or any portion or part of any sidewalk or street or upon any tree, lamp post, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, pier or upon any other public or private structure or building.

(b) It is unlawful for the owner and/or occupant of fixed real or personal property located within the public view to place or give permission to place graffiti, as defined in Section 7.104.010, on said real or personal property if the graffiti incites violence by referring to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity or contains defamatory material about a public or private person.

(c) It is unlawful for any person to possess, while in any public building or facility, or while on private property, any of the following material with the intent to use such material(s) to violate subsections (b) and (c) above: spray paint containers, paint, ink, marking pens containing nonwater soluble fluid, brushes, applicators or other materials for marking, scratching, or etching. (Ord. 95-1411 § 1(b)-(d), 1995)

All exterior structure surfaces shall be kept clean and free of graffiti. Surfaces which have been exposed to graffiti shall be cleaned, painted or in some manner covered, so as to effect the complete removal of the graffiti from that surface and to return the surface to its prior condition within fifteen days of receipt of a violation notice to the owner. It shall be the responsibility of the owner to comply with the provisions of this section. (Ord. 95-1411 § 1(e), 1995)

Any person violating the provisions of this section shall be subject to a fine of not less than fifty dollars nor more than five hundred dollars. In addition to said fine, an offender convicted of illegally placing graffiti may be ordered by the court to pay restitution to the property owner for the cost of restoring the property owner’s property to its state prior to the application of graffiti, or perform public service work including, but not limited to, cleaning up graffiti at the location where such offense was committed. (Ord. 95-1411 § 1(f), 1995)