(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