Sec. 21-86. - Defacing public and private property.
(a) Defacement. It shall be unlawful for any person, organization, or entity to erect, post, paste, paint, glue, write, thaw, chalk, stamp, stick, print, nail, staple, tack, attach or affix by any means whatsoever any handbill, poster, card, notice, marker, placard, bumper sticker, gummed label, sign, advertisement, inscription, figure, mark, symbol, lettering, name, sticker or any other material upon any public sidewalk, building, curb, gutter, wall, flagstone, tree, lamp post, awning post, telegraph pole, telephone pole, public utility pole, public garage bin, bus shelter, bridge [abutment], highway fence, barrel, box, parking meter, mailbox, traffic [signal] control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant, public pay telephone, picnic tables, playground equipment, or any other public property or on private property except by permission of the owner or authorized agent of the owner of such property.
(b) It shall be unlawful for any person to knowingly authorize or employ any person to cause the erecting, posting, plastering, painting, gluing, writing, drawing, chalking, stamping, sticking, printing, nailing, stapling, tacking, or attaching or affixing by any means whatsoever of any handbill, poster, card, notice, marker, placard, bumper sticker, gummed label, sign, advertisement, inscription, figure, mark, symbol, lettering, name, sticker or any other material not exempt pursuant to the subsection 21-87(c) herein upon any public sidewalk, building, curb, gutter, wall, flagstone, tree, lamp post, awning post, telegraph pole, telephone pole, public utility pole, public garage bin, bus shelter, bridge [abutment], highway fence, barrel, box, parking meter, mailbox, traffic [signal] control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant, public pay telephone, picnic tables, playground equipment, or any other public property or on private property except by permission of the owner or authorized agent of the owner of such property.
(c) The provisions of this section shall not apply to any handbill, poster, card, notice, marker, placard, bumper sticker, gummed label, sign, advertisement, inscription, figure, mark, symbol, lettering, name, sticker or any other material posted by or under the direction or authorization of the mayor, city council, or any city department or agency.
(d) For purposes of this section, there shall be a rebuttable presumption that the person, firm, corporation, or other entity whose name, telephone number, address, photograph, or other identifying information appears on any handbill, poster, card, notice, marker, placard, bumper sticker, gummed label, sign, advertisement, inscription, figure, mark, symbol, lettering, name, sticker or any other material on any item or structure described in section 21-87(a) of this section violated this section by either (i) erecting, posting, plastering, painting, gluing, writing, thawing, chalking, stamping, sticking, printing, nailing, stapling, tacking, or attaching or affixing, or (ii) directing or permitting an agent, employee or other individual under such persons control to engage in such activity.
(Code 1975, § 37-20; Ord. No. 2006-494, § 1, 10-24-06)