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(a) Defacement or Damage of Property by Graffiti. It shall be unlawful for any person to write, spray, scratch or otherwise affix graffiti upon any property, public or private, in which another has an interest and without the consent of such other person. A person found in violation of this section shall be punished by a fine not to exceed $499.00, or by imprisonment for not more than 179 days, or by both such fine and imprisonment. In addition to such penalty the court shall order the convicted person to perform the necessary labor to clean up, repair or replace the property damaged by that person, or to pay any costs incurred by the owner or the City related to the cleanup, repair or replacement of property damaged by that person.

(b) Definitions. Except as otherwise required by the context, as used in this section, the following words and terms shall have the meanings ascribed to them as follows:

(1) “Person” means any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.

(2) “Graffiti” means any unauthorized writing, inscription, word, figure or design which is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material used in its application or upon which it is applied. (Ord. 17480 § 1, 3-21-00; Ord. 16819 § 1, 4-4-95. Code 1995 § 54-43.)