§ 10-541. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning:

Graffiti implement means an aerosol paint container, a permanent broad-tipped marker, a gum label, a paint stick, a graffiti stick, a graffiti cap, any etching equipment, a brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.

Minor means any person under 17 years of age.

Owner means the record owner of the lot or parcel or other person specifically authorized in writing by the record owner to authorize the placement of any painting, scratching, writing or inscription upon the owner's property.

Paint stick means a solid form of paint capable of leaving a mark of at least ¼-inch in width.

Permanent broad-tipped marker means any marker, pen, or similar implement, which contains a fluid that is not water soluble and that has a tip, point, brush, applicator or other writing surface which, at its broadest, is ¼-inch or greater in width.

Unauthorized means without the consent of the owner or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of evidence of specific authorization of the visual blight by the owner, (ii) that the visual blight is inconsistent with the design and use of the subject property, or (iii) that the person causing the visual blight was unknown to the owner.

Visual blight means any unauthorized graffiti or any other unauthorized form of painting, scratching, writing or inscription, including without limitation, initials, slogans or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, sign, or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person.

(Ord. No. 94-1163, § 2, 11-2-94; Ord. No. 06-1055, § 1, 10-18-06)