Title
AN ORDINANCE AMENDING SECTIONS 34-41(b) and 34-41(c) OF CHAPTER 34 OF THE DULUTH CITY CODE TO AMEND THE DEFINITION OF GRAFFITI STICK AND ESTABLISH DEFACEMENT AND/OR POSSESSION OF GRAFFITI IMPLEMENTS AS A MISDEMEANOR OFFENSE.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 34-41 (b) of Chapter 34 of the Duluth City Code is hereby amended as follows:
(b) Definitions. For the purposes of this Section, the following terms shall have the meanings stated below:
(1) Administrative lieutenant. The administrative lieutenant of the Duluth police department or their designee;
(2) Aerosol paint container. Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property;
(3) Broad-tipped marker. Any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than 1/4 of an inch, containing ink or other pigmented liquid that is not water soluble;
(4) Etching equipment. Any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface;
(5) Graffiti. Any inscription, word, figure, painting, symbol or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed by any graffiti implement to any surface of public property or private property without the possessor's permission, or despite such permission, is otherwise deemed a public nuisance by the city council;
(6) Graffiti implement. An aerosol paint container, a broad-tipped marker, gum label, graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface;
(7) Graffiti stick. Any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least 1/4 of an inch i...
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