§ 28-1. Damage to property; graffiti, exception; vandalism; penalty.

(a)

It shall be unlawful for any person to cut down, remove, injure or attach any sign or advertising to any tree or shrub planted or growing in any public place in the city without the express permission of the City Council.

(b)

It shall be unlawful for any person to willfully damage, destroy, mar or deface any property of the city.

(c)

It shall be unlawful for any unauthorized person to tamper with, to open or to paint any equipment of the departments of the city, including fire hydrants, street information signs, electrical enclosures and water mains.

(d)

For purposes of this section, the term "graffiti" shall have the same meaning as set forth in O.C.G.A. § 17-15A-2. The term "graffiti" means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface. It is unlawful for any person or group of persons to commit any act resulting in or attempting to result in the application of graffiti or the engaging in or attempting to engage in an act of related vandalism including, but not limited to, any of the following:

(1)

Any act such as drawing, scribing, etching, marking, painting, staining, sticking on or adhering to any surface, public or private, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, buildings and/or any other structures or surfaces.

(2)

Any act of participation in applying graffiti such as, but not limited to, conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an act of related vandalism including, but not limited to, acting as a lookout, regardless of the fact the act was not actually witnessed.

(3)

Any person who knowingly allows any acts of graffiti or related vandalism to occur on or to any property over which he has control as owner, tenant or possessor and who thereafter fails to promptly report such acts to the proper authorities is guilty of being a principal to the offense.

(4)

It is unlawful for any person, business, company, or other entity which owns or otherwise controls any building, sign, pole, vehicle, trailer, trash receptacle, wall, parking lot, walkway or any other structure or real property to knowingly allow or permit any graffiti or related vandalism to be placed on, or to take place on, any such structure or property where the graffiti and/or results of the vandalism are visible from any public right-of-way.

(5)

Graffiti and/or graffiti-related vandalism which appears on property and/or structures where such graffiti or related vandalism is visible from a public right-of-way shall be deemed to be a public nuisance and the property owner shall be issued a warning notice to remove the graffiti or the same will be subject to abatement by the city. The removal of graffiti shall leave the area that resulted in the application of graffiti as close as possible to its original color/texture prior to the graffiti application, as determined by the Community Development Director.

Exceptions: Any mural or work of art approved by the city or other governmental agency through a design review or planning process and requiring proper permits prior to commencement of any work shall not constitute graffiti.

(e)

It shall be unlawful to plant or place any type of shrubbery around any electrical enclosure, fire hydrant, water main or other property belonging to the city.

(f)

Any person who violates any of the provisions of this section shall be subject to a fine not exceeding $1,000.00 or by imprisonment not exceeding 180 days, or both. Any such violation shall constitute a separate offense on each successive day continued.

(Code 1979, § 11-1-3; Code 1998, § 54-2; Ord. No. 05-97, 4-7-1997; Ord. No. 07-2008, 3-3-2008; Ord. No. 13-2009, 7-6-2009)