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O-814-93 12/13/93• VILLAGE OF LEMONT ORDINANCE NO. g/( ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF LEMONT ENTITLED, "GRAFFITI PROHIBITED" ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE. VILLAGE OF LEMONT This /33 day of , 1993. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will & DuPage Counties, Illinois, this /3 s • day of , 1993. • • • ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF LEMONT ENTITLED, "GRAFFITI PROHIBITED" BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that the Lemont Municipal Code Chapter 9.16 be amended to add the following: 9.16.170 GRAFFITI PROHIBITED. It is unlawful for any person to inscribe, draw or otherwise place upon the real or personal, public or private property of another any sign, symbol or marking, name, initial, diagram, work, sketch, picture or letter, without the permission of the owner of the property. The aforementioned list is not to be a limitation, but is merely illustrative of items known as Graffiti. A. It shall be unlawful for the owner and /or occupant of property which is in the public view to place or give permission to place graffiti on said property without first having obtained a properly issued sign permit. B. It shall be unlawful for any person to possess spray pain containers, paint, ink, marking pens which contain a non -water soluble fluid, brushes, applicator or other materials for marking, scratching or etching, with the intent to use such material(s) to violate any of the subjections of this Ordinance. C. Upon written notification by the Village, the Owner of property upon which graffiti has been illegally placed, shall remove the graffiti within fourteen (14) calendar days from the date of notice. D. The Village of Lemont upon notification of graffiti placed upon any Village property, shall remove the graffiti within fourteen (14) calendar days from the date of notice. • • E. The Village shall remove graffiti from the exterior of private property if owners inform the Village of the presence of such graffiti and of their inability to remove it. The owner will be required to pay the Village for the reasonable cost of the removal. Owners must sign a statement authorizing the removal by the Village and must sign a release holding the Village harmless from any claims or suits brought for damages pursuant to any adverse or injurious effects of such chemicals, or from the actions taken by the Village or its employees to remove the graffiti. F. Property owners who do not request such removal or do not remove the graffiti within the time specified, shall be subject to the penalties listed in subjection "9.16.170.2" below, and the Village shall proceed to remove the graffiti. The owner shall be required to reimburse the Village for the reasonable cost of the removal and such costs of removal shall constitute a lien which may be recorded with the County recorder or Deeds against the property upon which such structure is located. G. Any extension of time in which graffiti must be removed may be granted by the Village upon application of the property owner to the Lemont Department of Public Works, and a showing of cause. Cause shall include, but not be limited to: temperature, weather, availability of chemicals, or physical limitations. 9.16.170.1 EXEMPTION: PUBLIC OFFICIALS AND UTILITIES. The prohibitions of this Section shall not apply to government officials and employees, or employees or officials representatives of any public or private utilities with respect to the posting or labeling of tags, notices or other markings on buildings or other property while in the course of their employment or in the performance of their official duties. e 9.16.170 .2 PENALTY: Any person that violates the provisions of this Ordinance shall, upon conviction, be fined not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00). This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this /3k day of-®' , 1993. • • Barbara Buschman Alice Chin Keith Latz William Margalus Richard G. Rimbo Ralph Schobert Attest: AYES NAYS PASSED ABSENT i✓ v v V Approved by me this /� day of CHARLENE SMOLLEN, Village Clerk B: \ORDINANC \GRAFFITLAMD CHARLENE SMOLLEN, Village Clerk 1993. KI, Village President