A. By Minors: Possession of any graffiti implement by any person under the age of eighteen (18) years with the intent to deface property while upon public or private property shall be unlawful unless that minor has received the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance or unless that minor is accompanied by and under the supervision of a parent or legal guardian. This provision shall not apply to the possession of felt-tip markers by minors attending, or traveling to or from, a school at which the minor is enrolled, if the minor is participating in a class at said school which formally requires possession of such felt-tip markers. 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 In Designated Public Places:
1. Possession of any graffiti implement by any person under the age of eighteen (18) years with the intent to deface property while in any posted public facility, park, playground, swimming pool, recreational facility or area shall be unlawful, except as may be authorized by the Town or unless that minor is accompanied by and under the supervision and control of a parent or legal guardian. “Posted” means a sign placed in a reasonable location or locations stating it is a misdemeanor to possess etching cream or a spray can of paint in that public facility, park, playground, swimming pool, beach, or recreational area without valid authorization.
2. Possession of any graffiti implement by any person under the age of eighteen (18) years while on any public highway, street, alley, or way, or other public place, including, in or within ten feet (10') of an underpass, bridge abutment, storm drain or other similar type of infrastructure not normally used by the public shall be unlawful except as may be authorized by the Town or unless that minor is accompanied by and under the supervision and control of a parent or legal guardian. (Ord, 314, 4-2-2024)