For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this chapter:
“Graffiti” means the unauthorized defacing of public and private buildings, structures and places through the spraying of paint or marking of ink, chalk, dye or other similar substances on surfaces, or by the etching or carving into surfaces, where it is visible to the public.
“Graffiti implements” means any items used to produce graffiti and includes, but are not limited to, the following items:
(1) “Aerosol paint container” means any aerosol container, regardless of the materials from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. “Aerosol paint container” does not include a container of less than six ounces capacity provided to a minor for the minor’s use or possession under the supervision of the minor’s parent, guardian, instructor or employer.
(2) “Felt tip marker” means any broad tip marker pen with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that is not water soluble.
(3) “Paint stick” or “graffiti stick” means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of one inch in width, which cannot be removed with water after it dries.
“Graffiti implements” do not include the above items if they are furnished for use in educational or recreational activities that are part of an approved instructional program, when such items are used in controlled and supervised situations within the classroom or on the site of a supervised project. These items may not leave the supervised site and shall be inventoried by the instructor. (Ord. No. 1181, (part); Ord. No. 1461, § 3 (part).)