§ 21-280. Definitions.

For the purposes of this article, the following definitions shall apply:

Director shall mean the director of the department designated by the city manager to enforce and administer this article or the director's authorized representative.

Felt tip marker shall mean an indelible marker or similar implement with any size tip.

Graffiti shall mean any unauthorized inscription, word, letter, figure, symbol or design visible from a public place, public right-of-way or another person's property that is marked, etched, scratched, drawn, painted or made in any manner on any surface of tangible property regardless of its content or nature and regardless of the nature of the material of the structural component or property. It shall be a rebuttable presumption that the inscription, word, letter, figure, symbol or design was unauthorized if:

(a)

The graffiti is inconsistent with the design and use of the subject property;

(b)

There is no specific written authorization by the owner on file with the department for the graffiti; or

(c)

The person causing the graffiti was unknown to the owner.

Graffiti implement shall mean any aerosol paint container, any type of felt tip marker, paint stick, etching tool, or adhesive materials to include stickers or items capable of scarring or otherwise defacing glass, metal, concrete or wood.

Guardian shall mean any person to whom custody of a minor has been given by a court order.

Paint stick or graffiti stick shall mean any device containing a solid form of paint, chalk, wax epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application, leaving a visible mark.

Parent shall mean a person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person.

Property owner shall include, but not be limited to, any equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or any person, individual, corporation, association or partnership in apparent or actual control of the property or any agent or employee of any of the foregoing.

Sticker shall mean any item that is attached with adhesive material capable of scarring or otherwise defacing glass, metal, concrete or wood.

Unauthorized shall mean without the specific written consent of the owner on file with the department or without authority of law, regulation or ordinance.

Written authorization shall mean the written consent of the property owner to allow graffiti on his property. Said written consent shall be on a form proscribed by the department and filed with the department prior to the placement of any authorized graffiti.

(Ord. No. 2007-05-03-0480, § 2, 5-3-07; Ord. No. 2010-06-24-0617, § 1, 6-24-10; Ord. No. 2013-08-29-0568, § 1, 8-29-13)