§ 11-141. Definitions
For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto:
Adhesive stickers means any sheet of paper, fabric, plastic or other substance or material with an adhesive backing.
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 or other substances capable of being applied on public or private property in a manner that defaces the property.
Bona fide evidence of majority and identity means any document evidencing or verifying the identity of an individual and that the individual is at least eighteen (18) years of age, which has been issued by a federal, state or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces.
City council means the City Council of the City of Costa Mesa.
City manager means the City Manager of the City of Costa Mesa or his/her designee.
Continuously viewable means within line of sight of an employee or store manager at all times during business hours. Continuously viewable shall include viewable via closed circuit security cameras.
Director means the Director of Public Services of the City of Costa Mesa or his/her designee.
Etching cream means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying surfaces.
Etchers or etching tools means any sharp or pointed instrument, device or other mechanism, including but not limited to, glass etchers, metal etchers, cutting and grinding instruments, awls, chisels, glass cutters, drill bits or any other instrument that is capable of scratching or otherwise marking any surface, including but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface.
Expense of abatement includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a defendant and his or her parents or guardians in a graffiti abatement program, disbursed reward money, and the law enforcement costs incurred by the city in identifying and apprehending the person who created, caused, or committed the graffiti on the publicly or privately owned real or personal property within the city.
Graffiti means any unauthorized inscription, word, figure, symbol, configuration of letters and/or numbers or design that is marked, written, etched, scratched, drawn, scribed, stained, stuck on, affixed or adhered to by any means whatsoever or painted on any surface of public or private real or personal property, including but not limited to, buildings, walls, windows, signs, structures, places, rocks, landscape materials, or other surfaces and/or the interior or exterior of any other structure, regardless of the nature of the material of which the surface is composed.
Graffiti implement means an adhesive sticker, aerosol paint container, etching cream, etching tool, marking pen, a paint or graffiti stick, spray actuators, or other similar devices that may be used to scar or deface property.
Graffiti violations of law are those violations referred to in Government Code Section 38772(d)(3), Penal Code Sections 594, 594.1, 594.2, 594.3, 594.8, 640.5, 640.6, 640.7 and 640.8, and any violation of this chapter.
Marking pen means any marker pen or any similar implement containing an ink, paint, or other pigmented liquid.
Not accessible to the public means that such supplies must be (a) stored under lock and key, and only the store manager or his/her designee shall have access to the supplies, or (b) stored behind or under a store counter that is only accessible to authorized store personnel.
Paint stick or graffiti stick means a device containing a solid form of paint, wax, epoxy, or other similar substance capable of leaving a visible mark on a surface.
Parent or guardian means a parent with legal custody, guardian, conservator, or relative caregiver of the minor. "Relative caregiver" means a relative, as defined in Section 6550(i) of the California Family Code, who assumed primary responsibility for the minor while the child was in the relative's care and control, and who is not a biological or adoptive parent.
Spray actuator (also known as a spray tip, nozzle, or button) means an object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein.