(A) Definitions. For the purpose of this section the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(1) DEFACE.
The placement, without consent, of any drawing, inscription, initial, design, scribbling, motto, message, name or picture, including those commonly known as graffiti, on an object or surface.
(2) SPRAY PAINT.
Any container of paint, varnish, lacquer, stain or similar substance commonly used in painting and propelled by compressed air, aerosol or other propellant and applied by a spraying method or similar technique.
(B) Prohibited acts.
(1) It shall be unlawful for any person to use any paint, spray paint, pigment, tools, objects, or any other similar means to injure, deface, or destroy the property of another, including the making of any drawing, inscription, initial, design, scribbling, motto, name, picture, pictograph, or other markings commonly referred to as "graffiti."
(2) Except as otherwise provided, a person under 18 years of age shall not possess, buy, or give to another any spray paint. Except as otherwise provided, a person shall not sell or give spray paint to another person under 18 years of age. However, a person may sell or give spray paint to a person under 18 years of age for lawful uses if the juvenile exhibits the written consent therefor of his or her parent or guardian. If a person under 18 years of age exhibits the written consent of his or her parent or guardian, the person selling or giving the spray paint to the juvenile shall record the name, address, sex, and age of the juvenile, and the name and address of the consenting parent or guardian. All data required by this section shall be kept in a permanent register available for inspection by the Police Department for a period of at least one year. Violation of this section shall be deemed a misdemeanor.
(C) Removal. It shall be responsibility of the owner of any property marked or defaced as defined in this section to remove or paint over such markings within seven days after discovery of their existence so as to minimize the addition of further markings and other blight upon the property. If removal is delayed by extenuating circumstances such as infirmity, or financial inability, the property owner may petition the police for a time extension. Any owner removing markings pursuant to this section shall be entitled to restitution in an amount determined by the court for the cost of removing the markings. Restitution shall be paid by any person convicted under this section of making the markings. If the individual defacing property is under 18 years of age, to the extent practical, the individual shall be required to restore the premises.
(Ord. 286, passed 8-18-97) Penalty, see § 130.99