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ARTICLE Ill. GRAFFITI <br />Sec. 26-71. Purpose and intent. <br />The city council is enacting this article to help prevent the spread of graffiti vandalism <br />and to establish a program for the removal of graffiti from public and private property. <br />The council is authorized to enact this article pursuant to its police powers, in order to <br />promote health, safety and welfare of its citizens, under the Charter of the City of Sanford <br />and N.C.G.S. ch. 160A. <br />The council finds that graffiti is a public nuisance and destructive of the rights and values <br />of property owners as well as the entire community- Unless the city acts to remove <br />graffiti from public and private property, the graffiti tends to remain. Other properties <br />then become the target of graffiti, and entire neighborhoods are affected and become less <br />desirable places in which to be, all to the detriment of the city. <br />The city council intends, through the adoption of this article, to provide additional <br />enforcement tools to protect public and private property from acts of graffiti vandalism <br />and defacement. The council does not intend for this article to conflict with any existing <br />anti-graffiti state laws. <br />(Ord. No. 2006-20, § 1, 5-2-2006) <br />Sec. 26-72. Definitions. <br />For the purposes of this article, the following words shall have the meanings respectively <br />ascribed to them in this section, except where the context clearly indicates a different <br />meaning: <br />Aerosol paint container means an aerosol container that is adapted or made for the <br />purpose of applying spray paint or other substances capable of defacing property. <br />Broad-tipped marker means any felt tip indelible marker or similar implement with a flat <br />or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, <br />containing ink or other pigmented liquid that is not water soluble. <br />Etching equipment means a tool, device, or substance that can be used to make <br />permanent marks on any natural or manmade surface_ <br />Graffiti means any unauthorized inscription, word, figure, painting or other defacement <br />that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or <br />otherwise affixed to any surface of public or private property by any graffiti implement, <br />to the extent that the graffiti was not authorized in advance by the owner or occupant of <br />the property, or, despite advance authorization, is otherwise deemed it public nuisance by <br />the city council. <br />Graffiti implement means an aerosol paint container, a broad-tipped marker, gum label, <br />paint stick or graffiti stick, etching equipment, brush or any other device capable of <br />scarring or leaving a visible mark on any natural or manmade surface. <br />Paint stick or graffiti stick means any device containing a solid form of paint, chalk, <br />war, epoxy, or other similar substance capable of being applied to a surface by pressure <br />and leaving a mark of at least one-eighth of an inch in width. <br />Person means any individual, partnership, cooperative association, private corporation, <br />personal representative, receiver, trustee, assignee, or any other legal entity. <br />(Ord. No. 2006-20, § 11, 5-2-2006) <br />C <br />