(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Any mark or marks on any surface or structure made without the prior permission of the property owner and made in any manner, including, but not limited to, writing, inscribing, drawing, tagging, sketching, spray-painting, painting, etching, scratching, carving, engraving, scraping, or attaching. Chalk marks on sidewalks is not GRAFFITI.
(B) No person shall apply graffiti to any surface or structure.
(C) A violation of this section shall be a civil infraction punishable by one or more of the following:
(1) Community service that is as relevant and appropriate to the violation as possible;
(2) Restitution; and/or
(3) A civil fine.
(D) The victim may proceed with any private right of action provided under law against a person who has applied graffiti or the parent or guardian of a minor.
(Ord. 8-24-09A, passed 8-24-2009) Penalty, see § 90.99