Chapter 8.15
GRAFFITI
Sections:
8.15.030 Reporting procedures.
8.15.040 Abatement and noncompliance procedures.
8.15.050 Enforcement and violation penalties.
8.15.070 Criminal investigations not hindered.
8.15.010 Definitions.
“Abatement” shall mean permanently removing or otherwise covering graffiti so that the graffiti is no longer visible to the public.
“Graffiti” means any and all markings which deface, deform, mar or which cause the defacing, deforming, or marring of any public or private property including, but not limited to, buildings, structures, facilities, trees, lampposts, poles, hydrants, bridges, piers, sidewalks, streets, and alleyways. However, nothing in this section shall prohibit the posting of notices required by law to be posted, nor shall anything in this section be interpreted or construed to prohibit speech which is protected by the Indiana Constitution or the United States Constitution.
“Markings” shall include any method of making a mark, including but not limited to, writing, painting, spray-painting, etching, drawing, scratching, or any other similar method of making a mark.
“Occupant” means owner, tenant, landlord, or other person who resides on or otherwise occupies the premises where graffiti is present.
“Owner” means all private property owners in the town of Whitestown. [Ord. 2011-15 § 1]
8.15.020 Graffiti banned.
A. It shall be unlawful for the owner or occupant of any lot or parcel of ground within the corporate limits of the town of Whitestown (“town”) to allow the presence of graffiti on the lot, parcel ground, buildings, or structures that said person owns or occupies.
B. The owner or occupant of a lot or parcel shall cause any graffiti to be abated (either by removal of the graffiti or covering of the graffiti). [Ord. 2011-15 § 2]
8.15.030 Reporting procedures.
Upon notification, or upon the department’s discovery of the graffiti, the department shall cause an inspection of the graffiti to be made, a police report to be filed, and shall begin an investigation as the department deems necessary and prudent. The department shall also provide the owner or occupant with written notice that owner or occupant has 10 days from the date of the written notice to abate the graffiti (whether by removing the graffiti or otherwise covering it). [Ord. 2011-15 § 3]
8.15.040 Abatement and noncompliance procedures.
A. Once the department has made its inspection and provided the owner or occupant with written notice to abate the graffiti, the owner or occupant shall have 10 days in which to abate the graffiti (either by removing or covering the graffiti).
B. If the graffiti cannot reasonably be abated within such 10-day period, then the owner or occupant may request additional time to abate the graffiti by filing a written request with the department. The department may, in its discretion, grant an additional period of time not to exceed 30 days within which to abate the graffiti.
C. If, at the expiration of the 10-day period (or any such additional period granted under subsection B of this section) the graffiti has not been properly abated, then the owner or occupant shall be considered to be in violation of this chapter.
Additionally, each additional day after the expiration of such period in which the graffiti remains unabated shall constitute a separate violation of this chapter.
D. In the event that the owner or occupant fails to abate the graffiti within the 10-day period (or such additional period granted under subsection B of this section), the town (or its designee) reserves the right to enter the premises and cause the graffiti to be abated at the expense of the owner or occupant. The town clerk-treasurer shall cause an invoice for the actual cost in abating such graffiti to be sent to the owner or occupant. [Ord. 2011-15 § 4]
8.15.050 Enforcement and violation penalties.
A. In addition to paying the invoice for abatement, any person (whether an owner or an occupant) who violates this chapter shall, upon conviction, be fined in an amount not to exceed $2,500.00 for each violation of this chapter.
B. All fines collected pursuant to this chapter shall be deposited into the town’s general fund. [Ord. 2011-15 § 5]
8.15.060 Defense.
Nothing in this chapter shall be interpreted to limit or prohibit any protected constitutional rights. It shall be a valid defense to any claim of violation under this chapter that the alleged graffiti is not graffiti because the owner or occupant has an actual state constitutional or federal constitutional protection in the display of the markings. [Ord. 2011-15 § 6]
8.15.070 Criminal investigations not hindered.
Nothing contained in this chapter shall be construed to preclude any criminal investigation by the department or any other law enforcement agency. [Ord. 2011-15 § 7]