A. No person shall make graffiti of any type on any private or public sign, building, structure, surface, street, sidewalk, bridge, overpass, underpass, fence, park, wall, vehicle or other property of another without the express permission of the responsible party.
B. A person is guilty of possession of graffiti implements when he or she possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property.
1. In court proceedings, proof of possession of an unsealed aerosol paint container or other graffiti implement, brush, applicator, dispenser, pen or paint, while the possessor is under, over, in, on, in front of or behind a public sign, building, structure, surface, street, sidewalk, bridge, overpass, underpass, fence, park, wall, vehicle or other public property shall be presumptive evidence of intent to use same in order to damage such property, where permission or authority from the owner of the property has not been demonstrated.
C. In addition to any fines imposed, adult individuals found guilty of a violation of this section shall pay to the city and to the responsible party reasonable restitution for any costs incurred to abate graffiti.
D. Minor individuals found guilty of a violation of this section shall also be ordered to pay to the city and to the responsible party reasonable restitution for any costs incurred to abate graffiti. In the event a minor is ordered to make restitution pursuant to this section, when appropriate, either or both parents or guardians of the minor shall also be held liable for restitution, up to an amount not to exceed $10,000, pursuant to A.R.S. § 12-661.
E. Violation of this section by an adult is a misdemeanor punishable, for a first conviction by a minimum term of not less than 30 days in jail, a minimum fine of not less than $1,500 and not less than 80 hours of community work service, and for subsequent conviction by no less than 6 months in jail and a fine of no less than $2,500.
F. Violation of this section by a juvenile is a misdemeanor, punishable by a fine of not less than $500, pursuant to A.R.S. Title 8.