§ 46-203. Possession of graffiti implements prohibited; presumptions; defenses.

(a)

In this section:

Aerosol paint container means any container that is adapted or made for the purpose of applying aerosolized paint, or any other aerosolized substance capable of defacing property.

Etching or engraving device means a device that is capable of making a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.

Felt tip marker means any marker or similar implement that has a flat or angled writing surface that, at its broadest width, exceeds one-eighth inch.

Graffiti means any marking, including, but not limited to, any inscription, slogan, drawing, or painting, that is made in any manner on tangible property. without the effective consent of the owner of the tangible property.

Graffiti implement means any:

(1)

Aerosol paint container;

(2)

Paint gun, paint ball gun, paint ball gun pellet or capsule;

(3)

Felt tip marker;

(4)

Paint stick; or

(5)

Etching or engraving device.

Guardian means:

(1)

A person who, under court order, is the guardian of the person of a minor; or

(2)

A public or private agency with whom a minor has been placed by a court.

Minor means any person under 18 years of age.

Owner means any person with the legal right of possession to tangible property.

Paint stick means any device containing a solid or liquid form of paint, chalk, wax, epoxy, or other similar substance that leaves a visible mark upon application to a surface.

Parent means a person who is the natural parent, adoptive parent, or step-parent of a person.

(b)

A person who is a minor commits an offense if, with the intent to make graffiti he possesses any graffiti implement.

(c)

A person who is a minor is presumed to possess a graffiti implement with the intent to make graffiti if while in or on the grounds of a publicly-owned facility, park, school, library, swimming pool, recreational facility, right-of-way; within ten feet of any underpass, overpass, bridge abutment, or similar type of infrastructure; or on the grounds of a private facility when that facility is closed to the public, the person who is a minor possesses:

(1)

One aerosol paint container; or

(2)

Two graffiti implements other than an aerosol paint container.

(d)

A person commits an offense if he is the parent or guardian of a minor and knowingly permits, or by insufficient control allows, the minor to violate subsection (b).

(e)

It is a defense to prosecution under subsections (b) and (d) that the graffiti implement was possessed on the property with consent of the owner.

(f)

The presumption in subsection (c) does not apply if the graffiti implement is to be used for a purpose other than making graffiti, including but not limited to, employment, school, home, church, art, or similar activity.

(g)

For purposes of applying the defense set forth in subsection (e), consent is presumed to exist if the person possessing the graffiti implement is an employee or relative of the property owner.

(h)

Before taking any enforcement action under subsections (b) or (d), a police officer shall inquire of the apparent offender and any witnesses to determine the apparent offender's reason for being in possession of a graffiti implement and whether the apparent offender has the consent of the property owner to be on the property and to possess the graffiti implement. The officer shall not issue a citation or make an arrest under subsections (b) or (d) unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense described in subsection (f) is present.

(i)

An offense under this section is punishable by a fine of not less than $200.00, or more than $500.00.

(Ord. No. O-18-07, § I, 4-23-2007)