(a) It shall be unlawful for any person to possess etching materials, a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, on the property of another or in any public building or upon any public facility. It shall be a defense to an action for violation of this subsection that the owner, manager or other person having control of the property, building or facility consented to the presence of the etching materials, paint or marker.
(b) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three- eighths of an inch or greater, or any etching equipment or etching materials, on the public way with intent to use the same to deface any building, structure or property.
(c) It shall be unlawful for any person to transport, carry, possess or have any spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, or any etching equipment or etching materials, in or upon or about any motor vehicle with intent to use the same to deface any building, structure or property.
(d) For purposes of this code, "etch" means to cut, bite, corrode or engrave on metal, glass, plastic, concrete or stone, and "etching equipment" means any tool, device, or equipment used to etch. "Etching materials" means any acid or like substance used to etch.
(e) Any person who violates any provision of this section shall be subject to a fine of not less than $500 and not more than $1,500 for each offense.
(Prior code § 193-5.1; Added Coun. J. 2-11-87, p. 39504; Amend Coun. J. 5-20-92, p. 17016; Amend Coun. J. 2-10-93, p. 28505; Amend Coun. 7-21-99, p. 9095; Amend Coun. J. 5-11-05, p. 48079, § 3; Amend Coun. J. 11-16-11, p. 14596, Art. I, § 1; Amend Coun. J. 11-8-12, p. 38872, § 157; Amend Coun. J. 7-22-20, p. 18957, § 5)