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F. Under the authority granted by the existing Section 17-70 of the <br />Santa Ana Municipal Code, the City expends in excess of <br />$1,500,000 per year in public funds to abate graffiti on public and <br />private properties. To a very great degree, these expenditures <br />relieve private property owners from having to incur costs to <br />remove graffiti from their property. <br />G. Nevertheless, there are situations which prevent the City's program <br />from successfully abating graffiti or which cause particular <br />properties to be defaced with graffiti at a significantly higher rate <br />than other properties imposing a disproportionate burden on the <br />community and the program, including: <br />1. Private property owners who refuse to grant consent <br />to the City to abate graffiti on their property and yet fail to exercise <br />due care to prevent or abate such graffiti, <br />2. Private property owners whose buildings have areas <br />such as a second stories that can't be reached by City personnel <br />and yet fail to exercise due care to prevent or abate such graffiti, <br />3. Private property owners who maintain their property in <br />a manner such that it is an attractive nuisance that encourages or <br />unnecessarily facilitates repeated defacement. <br />H. The proposed amendment ordinance is exempt from further review <br />and in accordance with the California Environmental Quality Act, <br />categorical exemption ER No. 2006-21 will be filed for this project. <br />Section 2. Section 17-70 of the Santa Ana Municipal Code is amended to <br />read in full as follows (deletions are striken out and additions are emphasized in <br />bold: <br />Sec. 17-70. Definitions. <br />For the purposes of this chapter, the following words and terms shall have <br />the meaning ascribed thereto: <br />(a) Graffiti means any unauthorized inscription, word, figure, or design <br />that is marked, etched, scratched, drawn, or painted on any real or <br />personal property with a graffiti implement. <br />(b) Graffiti implement means an aerosol paint container, a felt tip <br />marker, gum label, a paint stick, etching tool, or other similar <br />devices capable of scarring glass, metal, concrete or wood. <br />(c) Aerosol paint container means any aerosol container, regardless of <br />the material from which it is made, which is adapted or made for the <br />Ordinance No. NS-2720 <br />Page 2 of 7 <br />11 A-2 <br />