The following words, terms or phrases, when used in Article
II of this chapter, shall have the meanings ascribed to them in this section.
AUTHORIZED PERSON
A police officer, community service officer, or Code Enforcement
Officer of the Borough of Kutztown.
BROAD-TIPPED INDELIBLE MARKER
Any felt-tipped marker or similar implement which contains
fluid which is not water soluble and which has a flat or angled writing
surface 1/2 inch or greater.
CONSENT
Voluntary agreement by a person.
GRAFFITI
(1)
Any inscription, work, symbol, figure, marking or design, including
but not limited to, tags, throw-ups and pieces, that are marked, etched,
scrawled, stained, drawn or painted and stuck on or adhered to any
surface on public or private property without the express permission
of the owner or owner's agent of such property, including, but
not limited to, any wall, underpass, overpass, trestle, tree, sign,
pole, playground apparatus, utility box, building, structure, fixture
or other improvements, whether permanent or temporary, regardless
of the content or nature of the material that has been applied, and
which is visible from any public property or the public right-of-way,
or from any private property other than the property on which the
graffiti exists.
(2)
Graffiti shall not be construed to apply to easily removable
chalk markings on the public sidewalks and streets used in connection
with traditional children's games.
GRAFFITI IMPLEMENT
Any implement capable of marking a surface to create graffiti,
including, but not limited to, aerosol or pressurized paint containers,
markers, gum labels, paint brushes or etching tools capable of scarring
glass, metal, concrete or wood.
GUM LABELS
Any materials, such as, but not limited to, decals, stickers,
posters or labels which contain a substance commonly known as "adhesive"
or "glue," which cannot be removed from the surface in an intact condition
and with minimal efforts.
MARKER
Any indelible or permanent marker or similar implement with
a point, brush, applicator or other writing surface which at its broadest
width is 3/6 of an inch or greater and contains ink that is not water
soluble.
MINOR
Any person under the age of 18 years.
NOTICE
A letter delivered to the owner of the property or placed
securely on the front door or other highly visible area of a property
which is defaced with graffiti. Said letter or sticker shall contain
a statement that the graffiti must be removed within 10 days after
the letter has been posted on the property or received by the owner
of the property.
OWNER
Any and all persons with legal and/or equitable title to
real property in the Borough.
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 upon application, leaving a visible mark and that
is not water soluble.
PERSON
Includes any individual, firm, partnership, association,
corporation, company or organization of any kind.
PIECES
Forms of graffiti represented by detailed, multicolored murals,
ranging in size.
PROPERTY
Includes any real estate, including improvements thereon;
and tangible personal property, including but not limited to newsboxes,
newsstands, utility poles, public telephones, tree planters and other
items of street furniture; and vehicles located thereon.
TAGS
A form of graffiti represented by stylized signatures of
a writer's chosen name.
THROWUPS
A form of graffiti represented by large names or figures
written in a bubble style, often with an outline written in a different
color than the interior of the letters.