AN ORDINANCE TO AMEND SECTION 9:6 OF CHAPTER 106 OF TITLE IX OF THE CODE OF THE CITY OF ANN ARBOR. The City of Ann Arbor Ordains: Section 1. That Section 9:6 of Chapter 106 of the Code of the City of Ann Arbor be amended to read as follows: 9:6. Graffiti. (1) "Graffiti" constitutes a public nuisance and means any mark or marks on any surface or structure made without the prior permission of the property owner and made in any manner, including but not limited to, writing, inscribing, drawing, tagging, sketching, spray-painting, painting, etching, scratching, carving, engraving, scraping, or attaching. Chalk marks on sidewalks are not "graffiti." Graffiti does not include any posting of posters as permitted under Chapter 82, Section 7:102(3). (2) No person shall apply graffiti to any surface or structure. A violation of this subsection shall be a misdemeanor punishable by one or more of the following: (a) Community service that is as relevant and appropriate to the violation as possible; (b) Restitution; (c) A fine of not more than $500.00 plus costs. No person who owns or otherwise controls or manages any property shall permit or allow any graffiti to be or remain on any surface or structure on the property beyond the time indicated in a notice, which shall be no less than seven (7) calendar days after the notice is posted on the property or delivered to the property owner and no less than nine (9) calendar days if the notice is mailed. If removal of the graffiti by the date set in the notice is not possible due to weather or other reasonable cause, then on or before the date set in the notice the person to whom the notice is issued or his or her agent shall contact the City as indicated in the notice to request an extension. A violation of this subsection is not a civil infraction or a misdemeanor. Notice by the City to remove graffiti from a property may be made by mailing it to the property owner, as shown on assessment records, delivering it to the owner or posting it at a conspicuous place on the property. If any graffiti remains on the property beyond the time indicated in a notice, then the City may remove the graffiti or have it removed in any reasonable manner. The costs to the City for removal and administration shall be charged to the owner and, if not paid, assessed against the property in accordance with section 1:292 of Chapter 13 of this Code. (6) The victim may proceed with any private right of action provided under law against a person who has applied graffiti or the parent or guardian of a minor. Section 2. That this Ordinance shall take effect on the ninetieth (90th) day following legal publication.