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Any person who displays or stores or permits the display or storage, of any aerosol paint container, paint stick, felt tip marker, or marking pen in violation of the provisions of this chapter shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use of any person of such wrongfully displayed or stored aerosol paint container, paint stick, felt tip marker, or marking pen in violation of the provision of this chapter.
(Ord. 94-04-1178 § 1 (part))
It is unlawful for any person who is the owner, or who has primary responsibility for control, of property or who has primary responsibility for the repair or maintenance of property (“responsible party” hereinafter in this chapter), to permit the property which is defaced with graffiti to remain so defaced for a period of forty-eight hours after service by city by first class mail of notice of same, unless (1) the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or (2) it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property to remain defaced with graffiti for a period of fifteen days after service of first class mail of notice of same.
(Ord. 2023-11-1545 § 22, 2023; Ord. 94-04-1178 § 1 (part))
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