§ 86-6. Damage to property; graffiti prohibited.

(a)

Definitions. For the purposes of this section, these terms are defined as follows:

(1)

Graffiti. 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.

(2)

Emergency situation. An occurrence involving immediate or potential danger from weather, fire or other natural or manmade causes.

(b)

A person violates this subsection when he intentionally damages property owned by another, including the application of graffiti, and the damage is under $500.00.

(c)

In addition to any penalty provided for in section 86-1:

(1)

If the person is convicted for application of graffiti, he shall reimburse the owner of the property for the cost of removing the graffiti;

(2)

A person convicted of this offense shall at a minimum be required to perform 40 hours of community service; and

(3)

The convicted person shall pay a fee of $200.00 to reimburse the county for supervision during his community service.

(d)

It shall be unlawful for any person having a legal or equitable interest in a parcel of real property to permit graffiti to remain on a structure located thereon for a continuous period of more than 72 hours, after receiving written notice from the county served either personally or by certified mail. A person so served may request the county, at its expense, and subject to appropriate waivers, to come onto the subject property and remove the graffiti. If the person having legal or equitable interest in the subject real property refuses to remove the graffiti or is a nonresident or is unknown or unreachable after a diligent effort, the county may proceed in accordance with subsection (e) of this section.

(e)

Penalty; removal of graffiti by order of the court; costs.

(1)

Penalty. If a person having a legal or equitable interest in a parcel of real property containing graffiti refuses to remove or have the graffiti removed in accordance with subsection (d) of this section, after receipt of notice, this violation shall be punishable in accordance with section 1-10 of the Official Code of Cobb County.

(2)

Removal by order of the court. If the person having legal or equitable interest in the subject real property refuses to remove the graffiti or is a nonresident or is unknown or unreachable after a diligent effort, the county may, in addition to any other penalty or remedy allowed by law, proceed in a court of competent jurisdiction and in accordance with the appropriate rules of civil procedure, to obtain a court order which directs the county to enter upon the subject property and remove the graffiti.

(3)

Cost of removal. The court, in its order, may also specify that the property owner may be liable for the cost incurred in the removal of the graffiti.

(f)

This section shall not apply to:

(1)

Any public safety personnel, or members of the sheriff's office or other governmental agencies who are involved in the execution of their official duties.

(2)

Any governmental or private employee involved in responding to an emergency situation.

(Ord. of 6-27-00; Ord. of 1-24-06; Ord. of 7-24-07)