GRAFFITI

§ 131.30 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AEROSOL PAINT CONTAINER. Any aerosol container which is adapted or made for the purpose of applying spray paint, or other substance capable of defacing property.

   FELT TIP MARKER. Any indelible marker or similar implement with a tip which, at its broadest width, is greater than 1/8 inch, containing ink or other pigmented liquid which is not water soluble.

   GRAFFITI. Any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface of city-owned property, or non-city- owned property within the unincorporated area of the city, by or with, but not limited to, any of the following: felt tip marker, paint stick or graffiti stick, or graffiti implement, to the extent that the same was not authorized in advance by the owner or occupant thereof.

   GRAFFITI IMPLEMENT. An aerosol paint container, a felt tip marker, gum label, paint stick or graffiti stick, etching tool, or any other device capable of scarring or leaving a visible mark on glass, metal, concrete, or wood, or any other surface.

   PAINT STICK OR GRAFFITI STICK. Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, of leaving a mark at least 1/8 inch in width.

(1969 Code, § 17-40) (Ord. 1996-38, passed 10-28-1996)

§ 131.31 APPLICATION OF GRAFFITI PROHIBITED.

   It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles, and signs, (“structures” hereinafter in this subchapter) on any city-owned property or, without the permission of the owner or occupant, on any non-city-owned property within the unincorporated area of the city.

(1969 Code, § 17-40) (Ord. 1996-38, passed 10-28-1996) Penalty, see § 131.99

§ 131.32 POSSESSION OF GRAFFITI IMPLEMENTS RESTRICTED.

   (A)   Possession by minors restricted. It is unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to these specific locations upon public property or upon private property without the prior consent of the owner or occupant of that private property. The provisions of this section shall not apply to the possession of felt tip markers by minors attending or traveling to or from school at which the minor is enrolled, if the minor is participating in a class at that school which formally requires the possession of felt tip markers. This requirement shall be an affirmative defense, so that 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 felt tip marker.

   (B)   Possession prohibited in designated public places. It is unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building owned or operated by the city or while in or within 100 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the city.

(1969 Code, § 17-40) (Ord. 1996-38, passed 10-28-1996) Penalty, see § 131.99

§ 131.33 ACCESS TO GRAFFITI IMPLEMENTS; RESTRICTIONS.

   (A)   Access by minors; parental permission. It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing.

   (B)   Display for sale. Every person who owns, conducts, operates, or manages a retail commercial establishment selling graffiti implements shall display and store or cause those implements to be displayed and stored in areas which may be viewable by, but shall not be accessible to the public without employee assistance, pending legal sale or disposition of the implements.

(1969 Code, § 17-40) (Ord. 1996-38, passed 10-28-1996) Penalty, see § 131.99