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For purposes of this Article 23, the following definitions shall apply:
City. "City" means the City and County of San Francisco.
Director. "Director" means the Director of the Department of Public Works or his or her designee.
Graffiti. "Graffiti" means any inscription, word, figure, marking, or design that is affixed, applied, marked, etched, scratched, drawn, or painted on any building, structure, Public Property, fixture, or other improvement, whether permanent or temporary, including by way of example only and without limitation, signs, banners, billboards, and fencing surrounding construction sites, whether public or private, without the consent of the owner of the property or the owner's authorized agent, and which is visible from the public right-of-way, or located on, in, above, or under the public right-of way. "Graffiti" shall not include: (1) any sign or banner that is authorized by, and in compliance with, the applicable requirements of this Code, the Planning Code, or the San Francisco Building Code; (2) any mural or other painting or marking on the property that is protected as a work of fine art under the California Art Preservation Act (California Civil Code Sections 987 et seq.) or as a work of visual art under the Federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 101 et seq.); (3) any painting or marking that a City department makes in the course of its official duties or as part of a public education campaign; or (4) any painting or marking required for compliance with any local, State, or federal law.
Offending Party. "Offending Party" shall mean any person or entity who defaces, damages, or destroys Public Property or private property with graffiti. "Offending Party" also shall include any person or entity who assists, enables, or permits another to deface, damage, or destroy Public Property or private property with graffiti.
Owner. "Owner" shall mean the owner of record of the property as set forth in the most current records of the Tax Assessor, or the owner's authorized agent.
Public Property. "Public Property" shall mean those areas on, in, above, or under the public right-of way, including, but not limited to, sidewalks, streets, and plazas and City-owned or other public entity-owned property, buildings, and assets or public assets otherwise subject to City jurisdiction, including, but not limited to, artwork, buses and trolleys, encroachments, lampposts, manhole covers, parking meters, poles, signs and banners, street furniture, traffic control devices and boxes, transit stations, and street trees.