§ 46-102. Possession of graffiti implements—Offense.

(a)

It shall be unlawful for any person to have in his or her possession any graffiti implement in any public park, public or private school ground, public playground, public swimming pool, public recreational facility, any public right-of-way, or other public grounds in the city when any of the above premises are closed to the public.

(b)

It shall be unlawful for any person to have in his or her possession, for the purpose of defacing property, any graffiti implement. The graffiti implement shall be presumed to be for the purpose of defacing property if it is in the holder's possession while the holder is on private property closed to the public, without permission from the property owner or a legal agent of the property owner.

(c)

It shall be an offense for the parent or legal guardian of a minor under 17 years of age to intentionally, knowingly, recklessly, or with criminal negligence allow such child to violate the provisions of this article.

(d)

It shall be an affirmative defense to prosecution if the person uses any graffiti implement in his or her employment or in connection with a school, civic or religious activity or has written permission from the property owner or legal agent of the property owner of the premises to engage in an authorized activity utilizing the implements.

(Ord. No. 1015, § 1, 5-22-2012)