(A) Graffiti prohibited. Graffiti is prohibited and deemed to be a public nuisance. It shall be unlawful to spray, draw, etch, carve or otherwise create graffiti on any building or structure in the city and any person doing the same shall be subject to a civil fine for the cost of removal.
(B) Storage and display of aerosol paint containers and marker pens.
(1) Aerosol paint. It shall be unlawful and a violation of this chapter for any person who owns, conducts, operates or manages a retail commercial establishment to provide aerosol paint containers or marker pens in an area that is accessible to the public without employee assistance. However, nothing in this section of the code shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance.
(2) Sale of spray paint and marker pens; duties of merchants.
(a) No person shall sell or offer to sell to any minor under the age of 18 years any paint in aerosol containers or marker pens.
(b) Any person who sells or offers for sale any aerosol paint container shall require from any person desiring to purchase such container, and appearing to be less than 18 years old, identification and proof of such person’s age before selling or delivering a container to such a person.
(3) Exception for employment or educational use. Any person under the age of 18 whose employment or school assignment requires the purchase of an aerosol paint container or marker pen may file a request for a permit with the city to purchase such items. Such request shall be in writing, specifying the reason why an exception is requested, the name, address and age of the applicant, and proposed place of purchase. The City Manager or his or her designee shall investigate the matter and within five working days grant or deny the application. Any denial may be appealed to the Code Enforcement Board. If the permit is granted, the City Manager or his/her designee shall give written notice to the retail establishment identified in the request of permission to purchase and such notice shall be maintained and, upon request, displayed to any police or other Code Enforcement Officer.
(4) Possession restricted. Absent express permission from a property owner or other person having control of property, no person shall possess an aerosol paint container and/or marker pen in or next to any public building or structure or upon private property with the intent to deface the property. Any person who possesses an aerosol paint container and/or a marker pen in or next to any public building or structure or upon private property with no legitimate or lawful purpose therefor shall be presumed to have possession of the same with the intent to deface the property. This presumption is rebuttable with sufficient evidence.
(5) Removal of graffiti by owner. Graffiti is a nuisance, shall constitute a violation of this chapter, and is subject to enforcement action as set forth in §§ 92.18 and 92.99 of this chapter. If a private property owner fails to abate a graffiti nuisance violation after notice is given by the Development Department, the city may abate the graffiti and place a lien for the cost of abatement against the real property of the owner of said premises, building or structure.
(1984 Code, § 92.09) (Ord. O-13-03, passed 4-1-2003; Ord. O-49-12, passed 12-4-2012; Ord. O-32-16, passed 11-15-2016)