CHAPTER XVII. PUBLIC OFFENSESCHAPTER XVII. PUBLIC OFFENSES\ARTICLE 5. GRAFFITI

For the purposes of this article, the following terms shall have the meaning ascribed to them in this section:

(a)   Graffiti - Any unauthorized writing, inscription, word, figure or design which is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material used in its application or upon which it is applied.

(b)   Owner - The titleholder of record of a property according to the records of the register of deeds of Harvey County, Kansas, and also any person having or claiming to have any legal or equitable interest in the premises, including but not limited to contract purchasers and lessees of the affected portion of the property or premises.

(c)   Property or Premises - Any lot, parcel, tract, or piece of land, improved or unimproved, in the city, and includes any building or other structure located thereon.

(d)   Remove or Removal of Graffiti -Includes any actions which serve to cover or conceal the graffiti from visibility from any public right-of-way or from any other public or private property.

(Ord. 4191, Sec. 1)

All law enforcement officers, the director of public works, and any person employed in the department of public works who is delegated enforcement responsibilities hereunder by the director of public works, shall each have the power to enforce the provisions of this article.

(Ord. 4191, Sec. 2)

Any person who writes, sprays, scratches or otherwise affixes graffiti upon any property, public or private, in which another has an interest, and without the consent of such other person, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $250 or more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. In addition to such penalty the court may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person, or to pay any costs incurred by the owner related to the cleanup, repair or replacement of property damaged by that person.

(Ord. 4191, Sec. 3)

The existence of graffiti upon any building, residence or other structure or property within the city is expressly declared to be a public nuisance, and it shall be the duty of the owner of any building, residence or other structure or property that has been defaced by graffiti to remove such graffiti, or such graffiti shall be subject to abatement by the city. However, no person shall remove graffiti without first notifying the police department and allowing the police an opportunity to photograph such graffiti.

(Ord. 4191, Sec. 4)

With either the present consent or an advance authorization of any owner of any property within the city, any city employee authorized to enforce this article is authorized to enter upon any such property where graffiti is found and may forthwith remove the graffiti.

(Ord. 4191, Sec. 5)