For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To remove graffiti from the public view.
AEROSOL PAINT CONTAINER. Any aerosol container adapted or made for spraying paint.
ETCHING DEVICE. A glasscutter, awl, or any device capable of scratching or etching the surface of any structure or personal property.
FELT TIP MARKER. An indelible marker or similar implement with a tip which, at its broadest width, is greater than one-fourth inch.
GRAFFITI. Any inscription, word, figure, or design that is marked etched, scratched, drawn, or painted on any surface with paint, ink, chalk, dye, or other similar substance, regardless of content, which is visible from premises open to the public, such as public rights-of-way or other publicly-owned property, and that has been placed upon any real or personal property, such as buildings, fences, and structures, without authorization from the owner, occupant, or responsible party.
GRAFFITI IMPLEMENT. An aerosol paint container, a felt tip marker, an etching device, or a graffiti stick.
GRAFFITI NUISANCE PROPERTY. A property upon which graffiti has been placed and such graffiti has been permitted to remain for more than ten days after the property owner of record or occupant has been issued written notification.
GRAFFITI STICK. A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-fourth of an inch wide.
MANAGER. The City Manager or the manager’s designee who is responsible for the administration of the graffiti nuisance abatement program under this chapter.
OCCUPANT. Any person, tenant, sub-lessee, successor, or assignee that has control over property.
OWNER. Any person, agent, firm, or corporation having a legal or equitable interest in a property and includes, but not limited to, a mortgagor in possession, an occupant, or a person, agent, firm, or corporation that owns or exercises control over items of property, such as utility poles, drop boxes, postal collection boxes, and other types of containers.
PERMIT. To knowingly allow, suffer, and acquiesce by a failure, refusal, or neglect to abate.
PREMISES OPEN TO THE PUBLIC. All public spaces, including, but not limited to streets, alleys, sidewalks, parks, rights-of-way, and public open space, and private property onto which the public is regularly invited or permitted to enter for any purpose.
PROPERTY. Any real or personal property, including, but not limited to, items affixed or appurtenant to real property or premises, house, building, fence, or structure, and items of machinery, drop boxes, waste containers, utility poles and vaults, and post office collection boxes.
RESPONSIBLE PARTY. An owner, an entity, or person acting as an agent for an owner by agreement that has authority over the property or is responsible for the property’s maintenance or management. There may be more than one PARTY responsible for a particular property.
UNAUTHORIZED. Without consent of the owner, occupant, or responsible party.
(Prior Code, § 5.155) (Ord. 2008-03, passed 5-27-2008)