San Bruno Municipal Code Art. I Definitions

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:

"Adhesive label"

means any "bumper sticker", sheet of paper, fabric, plastic or other 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, undercoating, spray insulation, or other substance capable of defacing property.

"Anti-graffiti measures"

means and includes, without limitation, the restoration, modification or alteration of a building, structure or grounds to remove graffiti, to prevent or inhibit the recurrence of graffiti, or to return the building or structure to an acceptable, usable, unblemished, unblighted, or original state or condition.

"City"

means the city of San Bruno.

"Commercial"

refers to commercial, retail and industrial businesses establishments as those terms are applied in Chapter 12.96 (Establishment and Description of Districts) of the San Bruno Municipal Code.

"Costs"

means and includes, but is not limited to, court costs, attorneys' fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the person who created, caused or committed the graffiti or other inscribed material on the publicly or privately owned permanent real or personal property within the city.

"Enforcement officer"

means any city official authorized to enforce the provisions of this chapter, including, but not limited to, the San Bruno police department code enforcement unit, and public works department, as well as any contract agent authorized by the city to abate graffiti nuisances described in this chapter.

"Felt-tip marker"

means any indelible marker or similar implement with a tip which, at its broadest width, is greater than three-eighths of an inch and which contains an ink or other pigmented liquid that is not water soluble.

"Graffiti"

means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted or affixed to or on any surface, regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.

"Graffiti implement"

means an aerosol paint container, a felt tip marker, gum label, paint stick, etching tool capable of scarring glass, metal, concrete, wood or other surface, etching cream or other such solvent, adhesive label or any other device capable of being used to leave a visible mark at least three-eighths of an inch in width upon any surface of any material.

"Graffiti prone structure or surface"

means the existence of any surface of a building, structure, tree, shrub, curb or vehicle in the city which has been defaced with graffiti or other inscribed material after removal more than three times in any twelve-month period.

"Owner"

means and includes any person having legal title to, or who leases, rents, occupies or has charge, control, or possession of, any property in the city, including all persons identified as owning property on the last equalized assessment roll of the San Mateo County assessor's office. An owner of personal property shall be any person who has legal title, charge, control or possession of such property.

"Paint stick" or "graffiti stick"

means a device containing a solid form of paint, chalk, wax, epoxy, caulk or similar substance capable of being applied to a surface by pressure and upon application, leaving a mark at least three-eighths of an inch in width.

"Responsible person"

means any person, whether as an owner as defined is this chapter, or otherwise, that allows, causes, creates, maintains or permits to exist graffiti on any building, structure, tree, shrub, sidewalk, curb or vehicle.

"Structures"

means any structure as defined in the city's building code, and shall include, but is not limited to, buildings, walls, fences, poles, signs, posts, railings, waste containers, sidewalks, streets, water tanks and cargo/shipping containers.

"Vehicle"

means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)