§ 15-608. Graffiti.

(a)

Title. This section shall be known and may be cited as the City of Norman Graffiti Eradication Ordinance.

(b)

Purpose and intent. The purpose of this section is to provide for the prevention and removal of graffiti within the City. The intent of the City Council is to prevent and remove a public nuisance that is a growing blight on, and a substantial detriment to, the health, safety and general welfare of our community and its inhabitants.

(c)

Definitions. For the purpose of this section, the following words, terms, and phrases shall have the meanings indicated:

Advertising means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or occupant of the property or an agent of such owner or occupant for the purpose of promoting products or services or conveying information to the public.

Applies graffiti, applied graffiti, or applying graffiti means the act of drawing, painting, chiseling, scratching, or etching graffiti on public or private property within the City.

Graffiti means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched, or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, however, that this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on the property by an owner of the property, an occupant of the property, or by an authorized agent for such owner or occupant.

Move or removed, when used in relation to the eradication of graffiti, means the act of taking graffiti off of, or masking the presence of graffiti on, a rock, tree, wall, bridge, fence, gate, building, or other structure.

Occupant means any person shown by the records of the County Clerk's Office as a tenant of property or any person in actual physical possession of the property.

Owner means any person shown by the records of the County Clerk's Office of a fee simple interest in property.

(d)

Declaration of public nuisance. The Council hereby declares that graffiti on public or private property within the City constitutes a public nuisance to the detriment of the City, its inhabitants and visitors.

(e)

Application prohibited; offense; penalty.

(1)

No person shall apply graffiti to public or private property within the City.

(2)

Any person who applies graffiti to public or private property within the City shall be deemed guilty of a misdemeanor. Each act of applying graffiti shall constitute a separate offense.

(f)

Removal from private property. An appropriate City official may cause graffiti to be removed from private property located within the City in accordance with the following procedures:

(1)

Prior to removal, the appropriate City official shall obtain written consent of all owners and occupants for removal of graffiti from the property.

(2)

Upon obtaining the written consent required by subsection (1), the appropriate City official may provide the owners or occupants materials to remove the graffiti. All material shall be returned to the City within twenty-four (24) hours.

(3)

The City, its agents and employees shall not be liable for any damage caused by the removal materials.

(Ord. No. 0-9495-22; Ord. No. 0-9900-11; Ord. No. 0-0405-26; Ord. No. 0-0506-10)