§ 21-282. Possession of graffiti implements unlawful.

(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 library, public playground, public swimming pool, public recreational facility, any public right-of-way, or any other public grounds or public buildings 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 while on private property not open to the public. 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.

(c)

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

(d)

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

(e)

Violation of any provisions of this section shall be a misdemeanor offense and shall be punishable by a mandatory fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for the first offense and a mandatory fine of not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00) for second and subsequent offenses. The court shall have the discretion to provide other means of punishment which may include community service and/or restitution.

(Ord. No. 2007-05-03-0480, § 2, 5-3-07; Ord. No. 2013-08-29-0568, § 1, 8-29-13)