(A) Defacement. It shall be unlawful for any persons to apply graffiti to any natural or man-made surface on any city-owned or private property.
(B) Possession of graffiti implements.
(1) By minors at or near school facilities. It is unlawful for any person under the age of 18 years to possess any graffiti implement while on any school property, grounds, facilities, buildings or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provision of this section does not apply to the possession of a broad-tipped marker by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class that the school formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of this section is upon the minor student to establish the need to possess a broad-tipped marker.
(2) In designated public places. It is unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility or other public building or structure owned or operated by the city or while in or within 50 feet of an underpass, bridge abutment, storm drain or similar types of infrastructure unless otherwise authorized by the city.
(Ord. 878, passed 6-14-99) Penalty, see § 92.99