(A) (1) Unlawful conduct or activities by individuals shall encompass the following: No person may possess an aerosol spray paint container, broad-tipped indelible markers, or etching acid or etching materials with the intent to deface, destroy, or damage any property.
(2) For purposes of this section, any possession of such items on either public property, or private property without the express consent of the legal owner, shall be prima facie evidence of intent.
(B) Unlawful activity with regard to property shall encompass the following:
(1) All sidewalks, walls, buildings, fences, signs and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street, or from other public or private property.
(2) Abatement or removal of graffiti by the property owner, or responsible party (or signature on waiver form as set forth herein) must occur within seven calendar days of issuance of any notice of violation, citation, or order.
(C) It shall be unlawful to create graffiti. Any offender of this section shall be subject to the civil penalties set forth in this chapter. Such civil penalties may be in conjunction with any criminal prosecution under KRS 512.030 - 512.040. This chapter shall not be enforceable in conjunction with any felony prosecution for acts of graffiti.
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)