A. Defacement: It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any city owned property or, without the permission of the owner or occupant, on any noncity owned property. (Ord. 645, 6-14-2005)
B. Possession Of Graffiti Implements:
1. Minors At Or Near School Facilities: It shall be unlawful for any minor person, upon his person or in a vehicle, under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings or structures, 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. The provisions of this section shall not apply to the possession of broad tipped markers 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 formally requires the possession of broad tipped markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad tipped marker.
2. Designated Public Places Or Public Transportation: Any person who carries on his person a graffiti implement with the intent to vandalize, place graffiti on or otherwise deface public or private property, real or personal, of another:
a. While on or under any overpass or bridge or in any flood channel;
b. At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or
c. In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization, is guilty of a misdemeanor unless he has first received valid authorization from the governmental entity which has jurisdiction over the public area or other person who is designated to provide such authorization.
d. As used in this subsection:
(1) "Public transportation vehicle" means a bus, train or other vehicle or instrumentality used to transport persons from a transportation facility to another location.
(2) "Transportation facility" means an airport, marina, bus terminal, train station, bus stop or other facility where a person may go to obtain transportation.
3. All Other Locations: It shall be unlawful for any person to possess a graffiti implement anywhere else not specified in subsection B1 or B2 of this section within the city with the intent to use the graffiti implement to deface, vandalize or place graffiti upon property as prohibited by this section or knowing that some other person intends to use the graffiti implement in the commission of such an offense. In determining intent, an officer enforcing this code or a court considering charges for violation of this section may consider, among other factors, the following:
a. Whether the graffiti implement is found upon the person;
b. Whether the person is known to have propensity to engage in acts of graffiti;
c. Whether the person is known to have gang affiliations which are known to engage in unlawful graffiti;
d. Whether the person takes flight upon contact by law enforcement;
e. Whether the person refuses to identify himself;
f. Whether the person attempts to conceal himself/herself or the graffiti implement;
g. Whether a nongraffiti intention or use is present in the circumstances surrounding the possession; and/or
h. Whether the graffiti implement was recently purchased. (Ord. 682, 6-24-2008)