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G. Nevertheless, there are situations which prevent the City's program from successfully abating graffiti or which cause particular properties to be defaced with graffiti at a significantly higher rate than other properties imposing a disproportionate burden on the community and the program, including: 1. Private property owners who refuse to grant consent to the City to abate graffiti on their property and yet fail to exercise due care to prevent or abate such graffiti, 2. Private property owners whose buildings have areas such as a second stories that can't be reached by City personnel and yet fail to exercise due care to prevent or abate such graffiti, 3. Private property owners who maintain their property in a manner such that it is an attractive nuisance that encourages or unnecessarily facilitates repeated defacement. H. The proposed amendment ordinance is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No 2006-21 will be filed for this project. Section 2. Section 17-70 of the Santa Ana Municipal Code is amended to read in full as follows (deletions are striken out and additions are emphasized in bold: Sec. 17-70. Definitions. For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any real or personal property with a graffiti implement. (b) Graffiti implement means an aerosol paint container, a felt tip marker, gum label, a paint stick, etching tool, or other similar devices capable of scarring glass, metal, concrete or wood. (c) 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 or other substance capable of defacing property. (d) Felt tip marker means any marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth (1/16) of an inch, containing an ink or other pigmented liquid. (e) Paint stick or graffiti stick means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one- sixteenth (1/16) of an inch in width. (I) Gum label means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable. Ordinance No. NS-2720 Page 20f6