(a) No person shall possess any graffiti implement under circumstances presumed to evidence an intent to violate the provisions of Section 557.03. A person is presumed to possess the graffiti implement with an intent to if he or she possesses any graffiti implement;
(1) In or on any part of a publicly-owned or privately-owned building, facility, park, walkway or trail, school ground, library, playground, swimming pool, recreational facility, right-of-way; or
(2) Within fifty (50) feet of any underpass, overpass, bridge abutment, storm drain, or similar type of infrastructure.
(b) It is a defense to enforce action under Subsection (a) of this Section that the graffiti implement was:
(1) Possessed on the property with consent of the owner; or
(2) Possessed in a place where the implement was going to be used for a non-graffiti activity, including but not limited to an employment, school, home, church, art, or similar activity or possessed while enroute to or from such activity.
(Ord. 5-10. Passed 5-17-10.)