9.29 PROHIBITION OF GRAFFITI.
9.29 PROHIBITION OF GRAFFITI. (Cr. Ord. #2206 – 5/8/95) (1)
DEFINITIONS. For the purposes of this section, the following definitions shall apply: (a)
Broad-tipped indelible marker. Any felt-tip marker or similar implement which contains a
non-water soluble fluid and has a flat or angled writing surface one-half inch or greater in
any dimension.
(b) Child. See §48.02(2), Wis. Stats.
(c) Graffiti. Any writings, drawings, inscriptions, figures or marks of paint,
ink, dye, chalk or other similar substances on public or private buildings, structures or places
that are not expressly authorized by the property owner or occupant and that are not
otherwise permitted by law. For the purposes of this section, graffiti includes any form of
writings, drawings, inscriptions, figures or marks, regardless of their content or the nature of
materials used in their placement.
(2) PROHIBITION OF GRAFFITI. It shall be unlawful for any person to write,
draw, inscribe, mark, scratch, scrawl, paint, spray or otherwise place graffiti of any kind on
any public or private building, structure or place or on any other real or personal property.
This subsection shall not be construed to prohibit the placement of temporary and easily
removable chalk or other water soluble markings on public or private streets, sidewalks or
other paved surfaces incident to youth activities such as hopscotch and various types of ball
games or any lawful business or activity.
(3) POSSESSION BY CHILD. It shall be unlawful for any child to have in his or
her possession any aerosol or pressurized spray paint container or broad-tipped indelible
marker between the hours of 10:00 p.m. and the following 6:00 a.m., while in or on any
public sidewalk, street, right-of-way, park, playground, recreational facility, or other public
place, unless accompanied by a parent or legal guardian.
(4) PUBLIC NUISANCE. (Cr. Ord. #2479 – 4/28/03) Graffiti is hereby specifically
declared to be a public nuisance, as defined in sec. 10.02 of this Code, affecting peace and
safety.
(5) ABATEMENT. (Cr. Ord. #2479 – 4/28/03; Am. Ord. #2484 – 5/19/03) Every
owner of a structure or property defaced by graffiti shall comply with the terms of a written
Notice To Abate served upon the property owner by the Police Department ordering the
removal or covering of such graffiti. The Notice To Abate shall be served personally or by
certified mail upon the property owner. If any property owner fails to comply with the
Notice To Abate within 72 hours of the Notice being served on the property owner, the
Public Works Department may have the graffiti covered or removed and all costs, fees and
expenses shall be entered in the tax roll as a special charge, pursuant to sec. 66.0627, Wis.
Stats., against the parcel of land on which the property defaced by the graffiti is located.
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