9.22.030 Prohibited acts.
A. Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any city-owned property or, without the permission of the owner or occupant, on any non-city-owned property.
B. Possession of Graffiti Implements.
1. By Minors at or Near School Facilities. It shall be unlawful for any person under the age of eighteen 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 provisions of this section shall not apply to the possession of broad-tipped markers 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 at the school that formally requires the possession of broad-tipped markers. Otherwise, it shall be an affirmative defense to prosecution under this subsection for the minor student to establish the need to possess a broad-tipped marker.
2. In Designated Public Places. It shall be 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 fifty feet of an underpass, bridge abutment, storm drain, or city signs unless otherwise authorized by the city.
C. Furnishing to Minors. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, or paint stick to any person under the age of eighteen years without the written consent of a parent(s) or guardian of the person. It shall be an affirmative defense to prosecution under this subsection that the defendant made a good faith attempt to comply with the requirements of this section by requesting that a customer present photo identification, making a reasonable effort to determine the customer’s age. This subsection shall not apply to the furnishing of graffiti implements to minors if all use of the implements is lawful and subject to adult supervision.
D. Penalties. Any person violating this section of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in MMC 1.01.110. (Ord. 006/2007 § 1)