Beaumont |
Code of Ordinances |
Title 9. PUBLIC PEACE, MORALS AND WELFARE |
Chapter 9.34. GRAFFITI AND RELATED VANDALISM |
§ 9.34.020. Definitions.
"Aerosol paint container." Any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in order to impel, spray, eject and/or propel any such substance.
"Etchers." Any tool, device, and/or other mechanism including, but not limited to, any tool, device, and/or other mechanism commonly known as "glass etchers", "glass cutters", "metal etchers", "cutting instrument", "drill bits" or any other instrument that can be applied by pressure or any other contact with any surface including, but not limited to, glass, metal, plastic, concrete or any other surface which can cause any markings commonly known as graffiti or related vandalism (as defined above).
"Felt tip markers." Any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or any similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which cannot be easily and completely removed with water after said substance has dried; where the width of the marking is three-eighths of one inch or greater.
"Graffiti and related vandalism." Any unauthorized inscription, word, figure, mark, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, scratched, marked, painted, stained, stuck on or adhered to any real or personal property surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings, and/or any other structures or surfaces, regardless of the nature of the material of which the surface is composed.
"Graffiti implements." Aerosol paint containers, felt tip markers, paint sticks, etchers, gum labels, paint balloons, stamp or stamping devices, tips that can be attached to an aerosol paint container, nozzles that can be attached to an aerosol paint container, or spray actuators as defined in this Chapter.
"Graffiti implements or paraphernalia." Any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels, paint balloons, stamps or stamping devices; also including, but not limited to, spray actuators, tips (or nozzles) which can be applied to aerosol paint containers; any records of graffiti or related vandalism including, but not limited to, pictures, photographs, drawings, scrap books and/or other records depicting or illustrating any forms of graffiti or related vandalism (as described above).
"Gum label." Any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known as an adhesive or glue, which can not be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps or labels.
"Paint balloon." Any canister, can, container, bottle or other receptacle including, but not limited to, anything commonly known as a balloon or other receptacle made of any material such as, but not limited to, latex, plastic, rubber, paper, glass or other material which contains any substance commonly known as paint, stain, dye or any other pigmented substance intended for the purpose of defacing any property, public or private, upon impact or contact of any surface including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges trestles, buildings and/or any other structures or surfaces regardless of the material of the component.
"Paint stick." Any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance that is not water soluble which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark measuring at least three-eighths of one inch at any point - otherwise described as graffiti or related vandalism (as described above), visible from a distance of 20 feet. Provided, however, that this definition of "paint stick" shall be limited to devices which create such a mark that is indelible or permanent in nature (and cannot therefore easily and completely be removed with water after the mark has dried).
"Pressurized container." Any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion devices.
"Spray actuator." Any object capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. Common examples of a spray actuator include, but are not limited to, terms such as "spray tip", "nozzle" or "button".
"Stamp or stamping device." Any tool, device or implement which can cause upon impact or contact any mark (described above as graffiti or related vandalism) by means of ink, paint, stain or any other substance or material including, but not limited to, any device commonly known as a rubber stamp or similar device (whether manufactured, handmade or devised) which cannot be easily removed with water, for the purpose of defacing property, public or private.
"Supplier." Any person(s) or entity such as, but not limited to, any business, company, co-op, corporation, enterprise, manufacturer, organization, partnership, proprietor, retail or wholesale store or outlet which sells, trades, donates, gives or requisitions to the public in any capacity whatsoever, any graffiti implements.
(Ord. No. 910, § 2, 2-20-07)