§ 93.21  DEFINITIONS.
   The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this Graffiti Ordinance, except where the context clearly indicates a different meaning:
   AEROSOL PAINT CONTAINER. An aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
   BROAD-TIPPED MARKER. Any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble.
   ETCHING EQUIPMENT.  A tool, device, or substance that can be used to make permanent marks on any natural or manmade surface.
   GRAFFITI.  Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the City Council. However, GRAFFITI shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawings, or bases for stick ball, kick ball, handball, 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.
   GRAFFITI IMPLEMENT.  An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.
   PAINT STICK or GRAFFITI 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 at least one-eighth of an inch in width.
   PERSON. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
   PROPERTY OWNER(S).  Shall mean and include the owner of the property, such property owner's manager or agent, or any other person in lawful control or possession of the property.
(Ord. O-2008-22, passed 5-20-08)