§ 50-71. Exemption for public officials and utilities.

(a)

The prohibitions of this article shall not apply to government officials and employees or employees or official 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.

(b)

It shall be an affirmative defense to the alleged violation of section 50-70 if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content or method of the inscription to be placed on the structure or wall; however, no owner of property shall place or give permission to place on any property, real or personal, which is in public view, any sign, symbol, marking, name, initial, work, diagram, sketch, picture or letter which incites violence by reference to gang or criminal activity, when such reference is of such a nature as to be reasonably calculated to provoke an immediate violent reaction from any person viewing the same, or depicts or expresses obscenity, as defined in 720 ILCS 5/11-20.

(Code 1979, § 11-102; Ord. No. 93-2, § 1(2), (3), 4-5-1993)