(A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)    GRAFFITI. An inscription, design writing or drawing sprayed, painted or otherwise placed onto property with intent, or having a tendency, to deface or mar the property.
      (2)    MINOR. Any person under the age of 18 years.
   (B)   Prohibited conduct.
      (1)   No person shall sell or otherwise transfer any spray paint to a minor unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
      (2)   No minor shall, at the time of purchase of any spray paint container, furnish fraudulent evidence of majority.
      (3)   No minor shall, except while accompanied by a parent or legal guardian, possess a spray paint container on any public property or any private property except with the express permission of the lawful owner or manager of said private property.
      (4)   Absent express permission to the contrary by the owner or other person having control thereof, it shall be unlawful for any person to possess a spray paint container, liquid paint in cans or other containers in any public building, or upon any public facility or private property with intent to use the same to deface the building, facility or property.
      (5)   It shall be unlawful for any person to deface or mar public or private property through graffiti.
   (C)   Abatement.
      (1)   The owner of all houses, buildings, and property situated within the city are required at their expense to remove graffiti from their property within 30 days of notice and order issued by the Building Inspector. The notice shall contain:
         (a)   The street address and any additional description sufficient to adequately identify the location of the property upon which graffiti is sought to be removed; and
         (b)   An order requiring that the graffiti be removed within 30 days upon receipt of the order.
      (2)   The notice and order shall be served upon the record owner of the affected property either by personal service or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt required.
(Ord. 0-95-41, passed 10-23-95) Penalty, see § 132.99