§ 100.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   GRAFFITI.  Any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed upon the real or personal property of an owner without the owner’s express consent; provided, however, consent of the owner shall not be an exception where the graffiti is visible from public property or right-of-way and tends to incite violence or disorderly conduct or is obscene under state law. After a prima facie showing that an inscription or marking is graffiti, the burden of proving the owner’s express consent is upon the defendant.
   HEARING OFFICER.  The City Administrator or his or her designee.
   IMPLEMENT OF GRAFFITI.  A spray paint container, paint, ink, marking pens containing non-water-soluble fluid, brushes or other  materials used for painting, marking, scratching or etching in a non-temporary way.
   MINOR.  Any person under the age of 18 years.
(Ord. 2376, passed 6-24-2008)