For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) Graffiti. Drawings, inscriptions, or markings, of whatever kind, character, or description, written, sprayed, painted, etched, or otherwise applied to any surface of a building, wall, fence, tree, sidewalk, curb, or other structure or object, so as to be seen by the public, placed there by a person other than the owner, manager, or other person having lawful control of the property, and without the consent or acceptance of the owner, manager, or other person having lawful control of the property.
(2) Graffiti Implement(s). Include the following or other similar tools or items that are capable of creating graffiti:
a. Broad tipped marker. Any felt tip indelible or permanent marker and/or marking pen and/or any similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which cannot be easily and completely removed with water after said substance has dried; with a flat or angled writing surface that, at its broadest width, is three-eighths (
3/8
) inch or greater.
b. Etching equipment any:
1. Tool or device, including, but not limited to, those commonly known as "glass etchers," "glass cutters," "metal etchers," "cutting instrument," and/or "drill bits"; or
2. Substance, such as etching acid (hydrofluoric acid), acid etching materials, liquid, cream, paste, or similar chemical substance that can be used to etch, draw, carve, sketch, engrave, or otherwise alter, change, or impair the physical integrity of glass, metal, plastic, concrete or any other surface; or
3. Any other instrument that can be applied by pressure or any other contact with any surface including, but not limited to, glass, metal, plastic, concrete or any other surface which can cause graffiti.
c. Marker nibs, tips, or bits. Any device three-eighths (
3/8
) inch or greater in width or diameter that is designed to be placed onto markers or paint sticks to aid in their application.
d. Paint Stick. 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 three-eighths (
3/8
) inch or greater in width.
e. Spray paint container. Any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in order to impel, spray, eject and/or propel any such substance or other substances capable of defacing property.
f. Spray paint nozzle. A nozzle designed to deliver a spray of paint of particular width or flow from a can of spray paint.
(Ord. No. 147-2008, § 1, 6-26-08)