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Whenever the following words and phrases are used in this chapter, they shall have the meanings ascribed to them as follows:

A. "Abate" or "abatement" means the elimination, removal or termination of graffiti from public or private property located within the city limits.

B. "City" means city of Petaluma and "city council" means the city council of Petaluma.

C. "Costs of removal" means any cost incurred by the city for removal, elimination, or termination of graffiti from either public or private property.

D. "Deface" means intentionally altering the physical shape or physical appearance of property by inscription, words, figures, signs, or design without prior written permission of the property owner.

E. "Expenses of abatement" means all costs incurred by the city related to abatement of graffiti conditions, including without limitation, the costs of removal, court costs, attorneys’ fees, administrative costs, and any law enforcement costs relating to the identification and/or apprehension of a person who defaces property with graffiti or who fails to remove graffiti from property after being ordered to do so.

F. "Graffiti" shall mean any unauthorized inscription, word, figure, mark, sign, decal, tag or design that is written, marked, etched, scratched, drawn, pasted, sprayed, painted or otherwise affixed on any real or personal property.

G. "Graffiti implement" means any felt tip marker capable of leaving a mark at least three-eighths of an inch wide, etching material that is capable of etching glass, aerosol container which contains paint, ink, dye, or any similar substance and which is capable of resulting in the placement of graffiti upon any surface or substance, including but not limited to glass, metal, concrete, wood and plastic.

H. "Person" means a natural person(s).

I. "Property owner" means any person who is the owner of real or personal property that has been defaced, or who has primary responsibility for control over the property, or who has primary responsibility for maintenance and repair of the property, and shall include any person owning, leasing, renting, occupying, managing, or having charge of any property or structure.

J. "Public view" means any public or private area that is accessed from a public roadway, sidewalk or common area and that is open to view by persons from said public roadway, sidewalk or common area.

K. "Responsible adult" means a parent, legal guardian, or other person over the age of twenty-one years who is charged with legal responsibility and/or supervision of a minor.

L. "PEG" means Petalumans Eradicating Graffiti, a group of volunteers dedicated to removing graffiti from all areas within the city of Petaluma.

(Ord. 2240 NCS §1 (part), 2006.)