The following terms shall mean:
"Authorized officer"
means the Molalla Police Department, Molalla Code Enforcement or any other person expressly authorized by the City Manager.
"Emergency"
means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
"Graffiti"
means any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any real or personal property that is not authorized by persons responsible for the property.
"Graffiti nuisance property"
means property upon which graffiti has been applied, if the graffiti is visible from any public right-of-way or premises open to the public, and if the graffiti has not been removed within 72 hours of its appearance.
"Person responsible"
means the person responsible for abating a nuisance and shall include the owner and the person in charge of property.
(Ord. 2008-16 §1)
A. 
Any person who causes or assists in creating graffiti commits a misdemeanor.
B. 
In addition to penalties provided herein, any person who causes or assists in creating graffiti shall be accountable for actual damages to persons or property in connection with the removal of graffiti and the costs and assessments for City abatement of the nuisance.
C. 
Any persons owning or controlling property that becomes a graffiti nuisance shall be in violation of this chapter and subject to its remedies.
D. 
Where graffiti is applied by an un-emancipated minor, the parent, guardian or other person having the legal custody of the minor shall be accountable for actual damages to persons or property in connection with the removal of graffiti and the costs and assessments for City abatement of the nuisance.
E. 
The City Manager is authorized to suspend or postpone enforcement actions provided herein upon a showing by persons subject to subsection C of this section of good cause for failing to remove graffiti in a timely manner due to illness or disability, inclement weather or other extenuating circumstances.
F. 
Persons owning or controlling property shall remove any graffiti from that property within 72 hours of its appearance.
(Ord. 2008-16 §1)
In the event any provisions of this chapter shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision.
(Ord. 2008-16 §1)
A. 
Violation of Section 8.07.020(A) of this chapter is punishable in accordance with Chapter 1.04, General Penalty.
B. 
Violation of Section 8.07.020(C) is punishable upon conviction by a fine not to exceed $500.00.
C. 
Each day's violation of a provision of this chapter constitutes a separate offense.
D. 
The abatement of a nuisance is not a penalty for a violation of this chapter, but is an additional remedy. Furthermore, imposition of a penalty under this chapter does not relieve a person of the duty to abate a nuisance.
(Ord. 2008-16 §1)