(A) Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any town-owned property or, without the permission of the owner or occupant, on any privately-owned property.
(B) Possession of graffiti implements.
(1) By minors at or near school facilities. It shall be unlawful for any person under the age of 18 years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, park, street, playground, swimming pool, recreational facility, or other public building, structure, or property owned or operated by the town or while in or within 50 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the town, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property.
(2) In public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the town or while in or within 50 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the town.
(3) The provisions of this section shall not apply to the possession of graffiti implements by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that requires the possession of graffiti implements, nor to any person transporting graffiti implements while traveling to or from home or place of employment.
(Ord. passed 3-3-08) Penalty, see § 132.99