A. “Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, dye, or other substances.

B. “Felt tip marker” means any indelible marker or similar implement, with a tip at its broadest width greater than one-eighth inch, containing anything other than a solution which can be removed with water after it dries.

C. “Graffiti” means any unauthorized inscription, word, figure, painting, design, label, 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; 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.

D. “Graffiti stick” or “paint stick” means any device containing a solid form of paint, chalk, wax, epoxy, or other substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width.

E. “Gum label” means any sheet of paper, fabric, plastic, or other substance with an adhesive backing which, when placed on a surface, is not immediately removable.

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

G. “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.

H. “Premises open to the public” means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them.

I. “Property” means any real or personal property which is affixed, incidental or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.

J. “Responsible public agency” means a public owner, the United States of America, the state of Washington, or any other state, and all political subdivisions thereof, a federal, state, or local department or agency, or the director or administrator of a federal, state, or local department or agency who has authority over the public property’s maintenance or management. There may be more than one responsible public agency for a particular public property.

K. “Responsible private party” means a private owner, an entity, a person acting as an agent for a private owner by agreement, a person or entity who has authority over the private property, or a person or entity responsible for the private property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, each private owner shall always be a responsible private party for the purposes of this chapter. There may be more than one responsible private party for a particular private property.

L. “Unauthorized” means without the prior express permission or consent of a responsible public agency or a responsible private party. (Ord. 3074-08 § 1, 2008.)