(1) It is unlawful for any person to apply graffiti to any natural or manmade surface or property without the authority or consent of the owner, or the manager or other person having lawful control of the property. Each act of applying graffiti shall constitute a separate offense.
(2) Prosecution for a violation of this section does not preclude prosecution for a related criminal act under applicable federal, state or local law.
(3) It is unlawful for any person to possess any graffiti implement while in or upon public property, or in or upon private property without the express permission of the owner, manager, or other person having lawful control of the property. It is an exception to such a charge that the person possessing the graffiti implement was:
a. At his or her place of employment and possessed the implement within the scope of that employment;
b. Upon property with express permission from the owner, manager, or other person having lawful control of the property to possess the materials upon the property;
c. Attending a school, or traveling between a lawful location and a school, at which the person is enrolled if the person is participating in a class at the school that formally requires the possession of the materials;
d. Transporting the implement between lawful locations while going about one's business or lawful activity while so transporting. Transporting shall not include loitering or aimlessly driving, riding, or walking about on any street, avenue, highway, road, parking lot, alley vacant lot, park, playground, yard, sidewalk or other location, whether public or private.
(Ord. No. 147-2008, § 2, 6-26-08)