The definitions contained in Chapter 95 shall also govern this chapter. In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AEROSOL PAINT CONTAINER. Any aerosol container which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.
FELT TIP MARKER. Any indelible marker or similar implement with a tip which at its broadest width is 1/8 inch or greater, containing an ink that is not water-soluble.
GLASS CUTTERS. Any tools or instruments designed to cut or etch glass surfaces.
GRAFFITI. Any inscription, word, figure or design that is marked, etched, pasted, or otherwise placed on property without the advance approval of the property owner or person in lawful possession of the property.
GRAFFITI IMPLEMENT. Any implement capable of marking a surface to create graffiti including, but not limited to, any aerosol paint container, paint stick, felt tip marker, marking pen, gum label, marking instrument, drill bit, grinding stone, scribe, glass cutter, or etching tool, or other implements capable of scarring glass, metal, concrete or wood.
GRAFFITI REMOVAL COSTS. All costs that would be considered abatement costs in the context of a nuisance abatement proceeding under Chapter 95A. In addition, such costs expressly include, but are not limited to, all city staff time, police investigative time, City Attorney time and fees, and any courts costs incurred in connection with the civil prosecution of any claim for damages.
GUM LABEL. Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removed.
MINOR. A person under 18 years of age.
PAINT or 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 1/8 of an inch in width, visible from a distance of 20 feet, and not water-soluble.
RESPONSIBLE PARTY. Any party made liable pursuant to this chapter or Chapter 95 for the city's costs of removing graffiti in the city. Such removal costs include, but are not limited to, all city staff time, police investigative time, City Attorney time and fees, and court costs. Responsible parties include, but are not limited to the following:
(1) Any person who creates graffiti;
(2) Any owner or person legally in possession of real property on which graffiti exists; and
(3) In the case of a minor who creates graffiti, any parent or legal guardian of such minor.
The city may, in the discretion of the City Attorney and City Manager, or their designee, pursue any judicial or administrative remedies against any responsible party to recover the city's costs of graffiti removal.
SPRAY ACTUATOR. An object, such as a spray tip, nozzle, or button, which is capable of being attached to an aerosol paint container for the purpose of spraying, the substance contained therein.
(Ord. 1153, passed 4-20-94)