§ 26-76. Graffiti.

(a)

Definitions. For the purposes of this article the following terms apply:

Actual cost means the actual contract amount, as invoiced by an independent contractor, for terminating and abating a violation of this article on any building, structure or other property pursuant to an order of the zoning director, plus the cost of serving notice, obtaining title information, advertising and recording any liens imposed hereunder.

Code inspector shall mean the chief code enforcement officer of the code enforcement section (or successor section) of the county zoning department or any of his/her authorized inspectors.

Corrective action means an act required to remove or effectively obscure graffiti.

Graffiti means the unauthorized writing, painting, marking, marring, drawing, defacing or etching of any inscription that has been placed upon any public or private property, real or personal, through the use of paint, ink, dye, indelible marker, or any other substance capable of marking property which is not water soluble or through the use of any implement that can be used to deface, mar or etch on property.

Graffiti nuisance property means property that has had a notice of violation issued pursuant to section 26-77 of this article or a citation issued on it by a code enforcement officer pursuant to chapter 11, article III of this Code and the graffiti for which the citation or notice of violation was issued has not been corrected.

Indelible marker means any felt tip marker, or similar implement, which contains a fluid which is not water soluble.

Owner with respect to real property means any and all persons with legal and/or equitable interest or title to real property in the county as their names and addresses are shown in the county's public records. With respect to personal property, the term "owner" means any individual or entity having a legal and/or equitable interest in such personal property.

Property means any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.

Zoning director shall mean the administrative official designated by the board of county commissioners to be the head of the zoning department. The zoning director may also sometimes be referred to as the zoning manager.

(b)

Graffiti prohibited. No person shall write, paint, mar, deface, draw or etch any inscription, figure, or mark of any type on any public or private building or structure or other property owned, operated or maintained by any person, firm or corporation or by a governmental entity or any agency or instrumentality thereof, unless the express prior written permission of the owner, owner's agent, manager or operator of the property has been obtained.

(c)

Possession of spray paint and markers. Possession of spray paint and/or indelible markers with intent to make graffiti or allow the same to be used to make graffiti is prohibited. No person shall carry an aerosol spray paint can or indelible marker with the intent to violate the provisions of subsection (b).

(d)

Penalties. Any person violating section (b) or (c) shall be punished by a fine of two hundred fifty dollars ($250.00) for the first offense; five hundred dollars ($500.00) for the second offense and one thousand dollars ($1,000.00) for each subsequent offense or by imprisonment in the county jail for a term not to exceed sixty (60) days or by both fine and imprisonment at the discretion of the court.

(1)

In the case of a minor, the parents or legal guardian shall, with the exceptions found in subsection (3) below, be ordered to be responsible for payment of all fines. When the court imposes such responsibility, the failure of the parents or legal guardian to make payments will result in the filing of a lien upon the parents' or legal guardian's property and the amount of the lien shall include the fine and any applicable administrative fees or court costs.

(2)

In addition to any punishment, the court shall order any person found in violation of subsections (b) or (c) to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense. Such restitution shall be made in a reasonable amount or manner as determined by the court. Where the defendant is a minor, the parents or legal guardian of the defendant shall be ordered by the court to be jointly and severally liable with the minor to make such restitution.

(3)

The court may reduce the fines and administrative costs imposed in subsection (1) above upon a showing by the parent or guardian of an inability to pay the full fine and administrative fees or costs. If the court finds it appropriate, the child's parent or guardian, together with the child, may participate in a community work project as an alternative to monetary restitution or fines and costs imposed. In addition, if, after a hearing, the court finds that the parent or guardian has made diligent and good faith efforts to prevent the juvenile from engaging in the act of graffiti the parent or guardian shall be absolved of liability for restitution, fines and costs imposed by subsection (2) above.

(Ord. No. 98-05, § 3, 2-17-98)