(A) Unlawful. It shall be unlawful for any person, without express permission or authority of the owner of the property, to deface with graffiti any governmental, commercial, or residential property or any other real property or any personal property. Any violation of the provisions of this section shall be a misdemeanor punishable by a maximum fine of $500. Any individual defacing such property also shall be subject to prosecution for such offenses as found within the statutes of the State of North Carolina, including but not limited to restitution costs for abatement of the nuisance and damage to the property.
(B) Exemption. Division (A) above shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets, or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other easily removable water soluble markings used in connection with any lawful business, public purpose or activity.
(C) Failure to remove graffiti. It shall be unlawful for the owner of any real or personal property or any person acting as manager or agent for the owner of property to fail to remove or effectively obscure any graffiti upon such property. Failure to abate any nuisances shall be deemed unlawful.
(Ord. O-2008-, passed 4-14-2008) Penalty, § 95.999