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For the purposes of this chapter, the following words shall have the following meanings:

A. “Abate” means the removal, painting over, or other obscuring of graffiti from view as directed by the notice provided for in Section 8.16.040, Graffiti – Notice of Removal.

B. “Graffiti” means any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade, and which is visible from premises open to the public; to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, graffiti is deemed a public nuisance. The owner or occupant cannot authorize a public nuisance.

C. “Graffiti nuisance property” means property upon which graffiti exists and where, after notice as provided by this chapter, the graffiti has not been abated by the deadline set in a notice as established by this chapter.

D. “Graffiti implement” means any aerosol paint container, felt tip marker, graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device or substance capable of scarring or marking any natural or manmade surface, including but not limited to glass, metal, concrete, or wood; and any piece, design, or scrapbook or drawings illustrating graffiti marks or signs.

E. “Owner” means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee.

F. “Responsible party” means an owner, and an entity or person acting as an agent for an owner, or an entity or a person who has dominion and control over a property. There may be more than one responsible party for a particular property. (Ord. 3032, 8/22/23)