San Jose Municipal Code Part 1 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter, except as otherwise specifically set forth.

(Ord. 25118.)

"Director" means the city manager or the director of the department authorized or designated by the city manager to administer and enforce the provisions of this chapter.

(Ord. 25118.)

"Graffiti" includes any unauthorized inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on any real or personal property.

(Ord. 25118.)

"Graffiti abatement costs and expenses" includes the following costs and expenses incurred by the city in abating graffiti:

A. The costs and expenses of having graffiti removed from the defaced property; and

B. The costs and expenses of having the defaced property repaired or replaced when the city determines that removal of the graffiti would not be cost effective; and

C. The law enforcement costs and expenses incurred in identifying and apprehending a responsible party; and

D. The related administrative, overhead, and incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures described in this chapter; and

E. Related court costs and attorneys' fees.

(Ord. 25118.)

A. "Responsible party" means any person, including a minor, who has been determined to have placed graffiti on the real or personal property of another person.

B. "Responsible party" includes a minor who has confessed to, admitted to, or pled guilty or nolo contendere to, a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or who has been convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or who has been declared a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or who has been determined to have been responsible for graffiti by the hearing board designated under Part 3 of this chapter, in connection with a particular property.

C. The parents or guardians having custody and control of a minor who is a responsible party also are responsible parties for the purposes of this chapter.

(Ord. 25118.)