It is the purpose of this article to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.

The city-county council finds that graffiti, regardless of the content or nature of the material applied, is an environmental public nuisance and destructive of the rights and property values of neighboring property owners as well as the entire community. Graffiti is a visual symbol of disorder and lawlessness. It contributes to a downward spiral of blight and decay, decreasing property values, lessening business viability and adversely affecting tax revenues. When graffiti is not promptly removed or covered, other properties tend to become the target of graffiti, and entire neighborhoods are affected and become less desirable places to be, all to the detriment of the city.

The city-county council intends, through the adoption of this article, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement.

(G.O. 38, 2013, § 1)

As used in this article, the following terms shall have the meanings ascribed to them in this section:

Abate or abatement means the removal or complete covering of graffiti.

Aerosol paint means any color or pigment adapted or made for the purpose of being applied or sprayed to the surface of an object.

Authorized individual means a designee of the director of the department of business and neighborhood services.

Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (¼) of an inch, containing ink or other pigmented liquid, that is not water soluble.

Department means the department of business and neighborhood services or its designee.

Etching equipment means any tool, device, or substance than can be used to make permanent marks on any natural or man-made surface. It shall not mean any key, silverware, gardening tool, or pocketknife.

Graffiti means any unauthorized inscription, word, figure, design, painting, writing, drawing or carving that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed on a component of any building, structure, or other facility by any graffiti implement, visible from any public property, the public right-of-way, or from any private property other than the property on which it exists. There shall be a rebuttable presumption that such inscription, word, figure, painting, or other defacement is unauthorized. This article does not apply to easily removable chalk markings on the public sidewalks and streets.

Graffiti implements mean materials used or intended to be used to facilitate the placement of graffiti, including but not limited to, aerosol paint containers, broad-tipped markers, gum labels, paint sticks, graffiti sticks, engraving devices or creams, etching equipment, brushes, chemicals or any other implement capable of scarring or leaving a visible mark on any natural or manmade surface.

Manager means any person, not the record owner, who has possession and control of the property or who has the right to possession and control of the property. The term does not include a tenant or sub-tenant who merely occupies the property.

Owner means the record owner or owners as reflected by the most current records in the county assessor's office.

Paint stick or graffiti stick means a device containing a solid form of paint, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, that is not water soluble, and upon application, leaving a mark at least one-sixteenth ( 1/16 ) of an inch in width.

Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Recipient means the owner or manager to whom notice of violation has been directed.

(G.O. 38, 2013, § 1; G.O. 41, 2016, § 2)

(a)

It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any city-owned property or on any non-city-owned property.

(b)

The existence of graffiti on public or private property in violation of this article is an environmental public nuisance.

(c)

It is the duty of both the owner of the property to which the graffiti has been applied and any manager of the property to at all times to keep the property free of graffiti.

(d)

It shall be unlawful for a recipient to fail to remove or cover completely all graffiti within thirty (30) days after the date of the notice described in section 575-204 of the Code.

(G.O. 38, 2013, § 1)

(a)

Any department of the city that receives a complaint regarding property within the city that is defaced by graffiti shall forward that complaint to the department of business and neighborhood services, which shall make a record of, and assign a case number to, such complaint. An authorized individual shall visually inspect the property in question. If the authorized individual determines that the property has been defaced by graffiti, the department shall issue a notice of violation to the owner if the department intends to proceed under the provisions of section 575-206 and, in the department's sole discretion, to the manager of the property.

(b)

A notice of violation as described in subsection (1) shall be issued either by personal service or by first class United States Mail, postage prepaid. The notice shall contain the following information:

(1)

The street address of the property;

(2)

The approximate location of the graffiti on such property;

(3)

A statement that the graffiti must be removed or covered completely within thirty (30) days after the date of the notice;

(4)

Information regarding graffiti abatement programs available through the city, if any; and

(5)

Information regarding the requirement for a certificate of appropriateness (COA) if the structure is protected by the Indianapolis Historic Preservation Commission or the Meridian Street Preservation Commission.

(G.O. 38, 2013, § 1; G.O. 41, 2016, § 2)

If a notice of violation is issued under section 575-204 to a manager or to an owner if the property is unoccupied but being actively maintained, the person managing or actively maintaining that property or the property owner may submit to the department a written request for an extension of the time provided in section 575-203(d) if compliance within that time will cause undue hardship. The department will establish the manner, method, and form in which such requests must be made. The department will also establish a policy to establish the criteria by which requests for extension of time may be approved.

(G.O. 38, 2013, § 1)

(a)

The first violation of subsection (d) of section 575-203 in a twelve-month period shall be subject to a fine in the amount established by section 103-52 of this Code. Any second or subsequent violation in a twelve-month period shall be subject to the general enforcement provisions established in section 103-3 of the Code.

(b)

For the purposes of subsection (a) of this section, a violation shall be considered a second or subsequent violation whether it occurs on the same property as the first violation or on another property owned or occupied by the recipient. If a recipient fails or refuses to abate a violation within thirty (30) days after the imposition of a fine as provided in subsection (a) of this section, such continued failure or refusal shall also be considered a second or subsequent violation and be subject to the general enforcement provisions established in section 103-3 of the Code.

(c)

A violation of subsection (a) of section 575-203 is subject to the general enforcement provisions established in section 103-3 of the Code.

(d)

If there is no program in place to assist the recipient with the abatement, subsection (a) through (c) of this section shall be suspended until such program is in operation and available to the recipient.

(G.O. 38, 2013, § 1)

The board of business and neighborhood services may, by resolution, promulgate rules and regulations necessary to implement and carry out the provisions of this chapter.

(G.O. 38, 2013, § 1; G.O. 41, 2016, § 2)