This article is enacted to help prevent the spread of graffiti
vandalism, to establish a program for the removal of graffiti from
public and private property, and to provide additional enforcement
tools to protect public and private property from acts of graffiti
vandalism and defacement. Graffiti is a public nuisance and destructive
of the rights and values of property owners as well as the entire
community.
In general, the following words have the meanings indicated
below:
BROAD-TIPPED MARKER
Any indelible marker or similar implement with a tip which,
at its broadest length, width or diameter is 1/8 inch or greater.
DEFACEMENT
The intentional altering of the physical shape or physical
appearance of property.
GRAFFITI
Any unauthorized inscription, word, figure, painting, symbol,
design or other defacement that is written, marked, etched, scratched,
sprayed, drawn, painted, inscribed, tagged, sketched, carved, scraped
or engraved on or otherwise applied to any surface of public or private
property by any graffiti implement, without the prior authorization
of the owner or occupant of the property.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device or substance capable of scarring or leaving a visible mark
on any natural or man-made surface.
MINOR
Any person less than the age of 18 years.
PERPETRATOR
Any person applying graffiti to any property.
PERSON
Any individual, partnership, association, corporation, personal
representative, receiver, trustee, assignee or any other legal entity.
PROPERTY
Any real or personal property and that which is affixed,
incidental or appurtenant to real property, including, but not limited
to, any structure, fence, wall, building, bridge, sidewalk, storm
drain, sign, whether permanent or not.
The existence of graffiti on public or private property in violation
of this article is expressly declared to be a public nuisance and,
therefore, is subject to the removal and abatement provisions specified
in this article.