Sec. 9-17. - Graffiti; definitions.

Abate means to effectively remove.

Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or other substance capable of defacing property.

Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble.

Defaced property shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, scribbling or any other marking upon any wall or surface owned, operated or maintained by a person, business, corporation, entity, etc.

Etching equipment means any tools, device, acid or cream manufactured or sold for the specific purpose of etching glass, metal, stone or other natural or man-made surface.

Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance. This section shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets.

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

Paint stick or graffiti stick means any device containing a solid form of paint, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark thereon, which cannot be removed with soap and water.

Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Public or private property shall include any building, bridge fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.

(Ch. 876, § I, 5-16-23)

Editor's note— Chapter 876, § I, adopted 5-16-2023, repealed § 9-17 and enacted a new § 9-17 as set out herein. Former § 9-17 pertained to fence graffiti prohibited and derived from Ch. 362, § I, adopted October 18, 2005.