A. It shall be unlawful for any person less than 18 years of age to possess any graffiti implement or aerosol spray paint container, as defined by Section 8.32.010, unless accompanied by their parent or legal guardian.
B. It shall be an affirmative defense to charges under this section that the person possessing the materials was:
1. Within their home;
2. At their place of employment;
3. Traveling to or from school, employment or a civic duty that formally requires the possession of such graffiti implements or aerosol spray paint containers; or
4. Upon real property with permission from the owner, occupant or person having lawful control of such property, to possess such graffiti implements or aerosol spray paint containers.
C. It shall be unlawful of any person to possess any graffiti implement or aerosol spray paint container while in or upon any public facility, park, playground, swimming pool, recreation facility, or other public building or structure owned or operated by the City, or while in or within fifty feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure, or anywhere within any public area of the city limits, unless otherwise authorized by the City.
D. Penalty. Any person who commits a violation of this section shall be punished by a civil fine of not more than $1,000 for each offense.
E. Parental civil liability. Any act in violation of this section committed by a minor less than eighteen years of age shall be imputed to that minor's parent or legal guardian. A parent or legal guardian of a minor who violates this section shall be liable for the payment of any civil fine.
F. Notwithstanding any other civil penalty provided for by this chapter, any violation of any prohibition or requirement imposed by this chapter is a Class One misdemeanor.
(Ord. 1397.08.24 § 3, 2012)