§ 38-32. Graffiti.

(a)

Definitions.

Graffiti shall mean 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 public or private building, structures, places or property without prior authorization, in accordance with all ordinances of the city, by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, chalk, dye, or other device capable of scarring or leaving a visible mark.

Graffiti abatement shall mean the abatement procedure that identifies graffiti, issues notices to the landowner to abate the graffiti, and cures or removes such graffiti in absence of a response.

Gum label shall mean any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known as an adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps, or labels.

Private contractor shall mean any person with whom the City of Woodstock, Georgia shall have contracted to remove graffiti.

(b)

Findings; nuisance. The city council finds that graffiti is a public nuisance and is destructive of the rights and values of property owners as well as the entire community. Unless the city acts quickly to require the removal of graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City of Woodstock, Georgia, and its residents. Further the city finds that rapid or prompt removal (less than 72 hours) serves as a deterrent to future defacement and such defacement is less likely to reappear. The city finds that graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, signage, other structures, trees, and other real and personal property within the city constitute a nuisance.

(c)

Graffiti prohibited. It shall be a violation of this section for any person to write, draw, carve, scratch, erect, or place upon any wall, rock, bridge, building, fence, gate, signage, other structure, tree or real or personal property, either publicly or privately owned, any drawing inscription, figure, or mark of the type which is commonly known or referred to as "graffiti". Any such "graffiti" shall be removed or eradicated within 72 hours of its first appearance.

(d)

Violation. A violation of any provision of this section shall be punishable by fine, restitution, or other penalty as the city council deems just and reasonable provided, however, no fine shall exceed the amount authorized by the City Charter.

(e)

Notice to remove.

(1)

Whenever the city's code enforcement officer or his designee determines that graffiti exists on any private property which is visible to any person utilizing any public road, parkway, alley, sidewalk, or other right-of-way or any public park or property, the code enforcement officer shall cause a notice to be issued to abate such nuisance. The property owner shall be given three days from the date of notice to remove the graffiti or the same will be subject to abatement by the city.

(2)

The notice to abate graffiti pursuant to this section shall be a written notice and shall be served upon the owner(s) of the affected property, as such owner(s) names and address appears on the latest Property Tax Assessment Rolls of Cherokee County, Georgia. If there is no known address for the owner, the notice shall be sent to the property address. The notice may be served in any of the following manners:

a.

By personal service to owners, occupant or manager of the property;

b.

By registered or certified mail addressed to the owner; or

c.

By posting a copy on the property.

(3)

Removal by city; lien. Upon failure of the owner(s) to comply with the notice to remove, the code enforcement officer shall issue a notice to appear before the judge of the municipal court. The judge of the municipal court shall be permitted to allow the city or a private contractor to remove the graffiti and charge any costs associated with removal to the owner of the property. The judge of the municipal court shall not be limited to removal by the city or private contractor and may allow any fines, restitution or other penalty to become a lien against the property.

(Ord. No. 2797, Exh. A, 2-24-2014)