5.519 Unlawful Graffiti Nuisance on Private Property.
(1) No owner or person in charge of property may permit graffiti, as defined below, to remain on said property for a period in excess of ten (10) days.
(2) This section shall not apply to markings which:
(a) are a part of the general color scheme of the building or structure; and
(b) do not contain words or symbols; and
(c) were applied by the owner or person in charge, or an agent thereof; or
(d) are a part of a sign, which has been previously approved by the City, with the painting or marking reviewed by the City Planning Department or Commission, pursuant to Medford Code Sections 10.1000 through 10.1810.
(3) Graffiti is found to be a nuisance and shall be abated pursuant to the provisions of Medford Code Sections 5.520 through 5.535.
(4) Definitions:
(a) “Graffiti”. Any unauthorized markings of paint, ink, chalk, dye, or other similar substances, and/or the unauthorized etching or scratching of property and the structures appurtenant thereto, including but not limited to, buildings, structures, fences, walls, and poles, where the markings are visible from premises open to the public such as the public right of way, sidewalks, or other publicly owned property.
(b) “Permit”. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
(c) “Person in Charge”. Any person, in actual or constructive possession of a property, including but not limited to, an owner of record, and an occupant under the owner’s dominion, ownership or control, who has control over the property or premises.
(d) “Person”. Any natural person, agent, association, firm, partnership or corporation capable of owning, occupying or using property in the City of Medford.
(e) “Property”. As defined in MC 5.511.