(A) 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, etching equipment or etching materials, in any public building or upon any public facility. It shall be a defense to an action for violation of this division (A) that the owner, manager or other person having control of the property, building or facility consented to the presence of the paint, marker or etching equipment or material.
(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) For purposes of this section, ETCHING EQUIPMENT and ETCHING MATERIALS include any tool, device, equipment or substance that can be used to make permanent marks on metal, glass, plastic, concrete or stone.
(Ord. 2010-T-054, passed 8-30-2010)