For the purpose of this chapter, 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, or intended, 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 prior approval of the property owner or person in lawful possession or control of the property, except as otherwise provided in division 2.
GRAFFITI IMPLEMENT.
Any implement capable of marking a surface to create graffiti including, without limitation, 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 marking or 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 pursuant to this chapter. In addition, the costs expressly include, without limitation, costs of removal of graffiti or other material, costs of repair and replacement of the defaced property, all city staff time, costs of the police investigation, attorney time and fees, and any court costs incurred.
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.
HEARING OFFICER.
The City Manager or designee.
INCIDENTAL EXPENSES.
This term includes, without limitation, actual expenses, city administrative costs and other costs of the city of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter.
MINOR.
Except as otherwise provided, 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 PERSON.
Any person or persons creating, causing, committing or maintaining any public nuisance as defined by this code including, without limitation, any person owning, leasing, occupying or having charge or possession of real property and any parent or legal guardian of a minor creating graffiti.
SELF-SERVICE MERCHANDISING.
Open display of graffiti implements to which the public has access without the intervention of any employee.
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.
VENDOR-ASSISTED.
Only an employee has access to the graffiti implement and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
(Ord. 1072, passed 9-15-03)