§ 74-174. Graffiti abatement.

(a)

Definition.

"Graffiti" is defined according to O.C.G.A. 17-15A-2 as "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.

(b)

Prohibited acts. It shall constitute a nuisance and shall be unlawful for:

(i)

any person(s) to deface, alter, modify, change, draw, damage or destroy by spraying or use of paint, or marking of ink, dye or any other similar substance on public and/or private buildings or structures, an inscription, slogan, drawing or modification, or otherwise damage private or public property in contradiction of other City Ordinances, by or through the application of "graffiti" as defined herein;

(ii)

any person exercising control over or having a legal or equitable interest in a parcel of real property to permit graffiti to remain on public and/or private buildings or structures located thereon after the expiration of the time to remove in accordance with subsection (c).

(c)

Notice to remove. No person exercising control over or having a legal or equitable interest in a parcel of real property shall be subject to citation for permitting graffiti to remain on public and/or private buildings or structures located thereon without first having been given 30 days from the date of written notice, in accordance with the provisions of Section 10 of the Atlanta Housing Code, to remove the graffiti.

(d)

Removal by inmates. Labor by inmates from the Atlanta City Detention Center or by a person sentenced to perform community service by the Atlanta Municipal Court may be used to remove or obliterate unlawfully placed graffiti on public property. The rules and regulations governing such use of labor by inmates shall be directed by the City of Atlanta's Department of Corrections and subject to state law as well as the rules and regulations of the Board of Corrections of Georgia.

(e)

Enforcement. Any person empowered by the City of Atlanta to issue citations may issue citations as a violation of Sec. 1-8.

(Ord. No. 2008-83(08-O-2136), § 1, 11-24-08; Ord. No. 2011-26(11-O-0943), § 1, 6-29-11)