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BOOK 23J na 139 Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width. Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. SECTION 3 PROHIBITED ACTS (a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any county-owned property or, without the permission of the owner or occupant, on any non- county owned property. (b) Exception. This ordinance does not apply to temporary, easily removable chalk or other water soluble markings on public or private sidewalks, driveways or other paved surfaces which are used in connection with traditional children's activities, such as drawings, or bases for kick ball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water soluble markings used in connection with any lawful business or public purpose or activity. (c) Possession of graffiti implements. (1) Public places. It is unlawful for any person to posses any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility or other public building or structure owned or operated within the County, or within 50 feet of an overpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the County. (2) Minors. It is unlawful for any person under the age of 18 years old to possess any graffiti implement. SECTION 4 GRAFFITI AS NUISANCE (a) The existence of graffiti on public or private property in violation of this ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provision specified in this ordinance. (b) Both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property shall keep the property clear of graffiti, at all times. SECTION 5 REMOVAL AND ABATEMENT OF GRAFFITI (a) Notice. Whenever the County becomes aware of the existence of graffiti on any property, the County is authorized to remove the graffiti after giving, or causing to be given, written notice to remove or effectively obscure such graffiti to the property owner, such property owner's agent or manager, or any other person in possession or control of the property. (b) Removal by property owner. The property owner shall remove graffiti as soon as possible, but no later than ten days from the date of receiving written notice from the County. The removal requirements of this section shall not apply in the following situations: (1) Hardship. If the property owner or other responsible party in control of the property lacks the financial ability to remove the graffiti, and signs a consent for the County to remove the graffiti; or (2) Removal procedure. If the property owner or responsible party in control of the property has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after service by first class mail of notice of the defacement. (c) Removal by County: If the property owner fails to remove the graffiti, the County is authorized to enter upon private or public property for the purpose of graffiti removal or remediation. The County shall seek consent from the property owner before entering private property. Failure of the owner to remove the graffiti or to give consent for the County to remove the graffiti, shall result in the County removing the graffiti and summarily abating the nuisance, and shall subject the owner to a