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D. "Graffiti stick" or "paint stick" means any device containing a solid form of paint, chalk,
<br /> wax, epoxy, or other substance capable of being applied to a surface by pressure, and upon
<br /> application, leaving a mark at least one-sixteenth of an inch in width.
<br /> E. "Gum label" means any sheet of paper, fabric, plastic, or other substance with an adhesive
<br /> backing which, when placed on a surface, is not immediately removable.
<br /> F. "Graffiti implement or paraphernalia" means any aerosol paint container, felt tip marker,
<br /> graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device capable of
<br /> scarring or marking any surface, including but not limited to glass, metal, concrete, or wood; and
<br /> any piece, design, or scrapbook or drawings illustrating graffiti marks or signs.
<br /> G. "Owner" means any entity or entities having a legal or equitable interest in real or personal
<br /> property, including, but not limited to, the interest of a tenant or lessee.
<br /> H. "Premises open to the public" means all public spaces, including, but not limited to, streets,
<br /> alleys, sidewalks, parks, and public open space, as well as private property onto which the public
<br /> is regularly invited or permitted to enter for any purpose, the doorways and entrances to those
<br /> buildings or dwellings, and the grounds enclosing them.
<br /> I. "Property" means any real or personal property which is affixed, incidental or appurtenant to
<br /> real property, including, but not limited to, any structure, fence, wall, sign, or any separate part
<br /> thereof, whether permanent or not.
<br /> J. "Responsible public agency" means a public owner, the United States of America, the state of
<br /> Washington, or any other state, and all political subdivisions thereof, a federal, state, or local
<br /> department or agency, the director or administrator of a federal, state, or local department or
<br /> agency who has authority over the public property's maintenance or management. There may be
<br /> more than one responsible public agency for a particular public property.
<br /> K. "Responsible private party" means a private owner, an entity, a person acting as an agent for
<br /> a private owner by agreement, a person or entity who has authority over the private property, or a
<br /> person or entity responsible for the private property's maintenance or management. Irrespective
<br /> of any arrangement to the contrary with any other party, each private owner shall always be a
<br /> responsible private party for the purposes of this chapter. There may be more than one
<br /> responsible private party for a particular private property.
<br /> L. "Unauthorized" means without the prior express permission or consent of a responsible
<br /> public agency or a responsible private party.
<br /> Section 2: Ordinance No. 1145-85 (Title 10 EMC) is amended by the addition of the
<br /> following section:
<br /> Unlawful application of graffiti.
<br /> A. It is unlawful for any person to paint, spray, chalk, etch, draw, or otherwise apply graffiti on
<br /> any natural or manmade surface on public or, without written permission of the owner or
<br /> occupant, privately owned; buildings, signs, walls, fences, permanent structures, property, or
<br /> places or other surfaces within the city.
<br /> B. Any person who violates the provisions of this section shall be guilty of a gross misdemeanor
<br /> and may be punished by a fine of not more than five thousand dollars or by imprisonment not to
<br /> exceed three hundred and sixty-five days, or by both such fine and imprisonment.
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