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A. Defacement. It is unlawful for any person to apply graffiti or assist in the making of such 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. Such assistance includes acting as a lookout or observatory for the person actually making the graffiti or knowingly providing any material, assistance or funding to any person for purposes of making graffiti.

B. Possession of Graffiti Implements.

1. Minor in Possession. It is unlawful for any individual under the age of 18 years to possess graffiti implements while on any public or private property, other than the minor’s residence. It is an affirmative defense to a violation of this subsection, which the defendant must prove by a preponderance of the evidence, that (1) the individual in possession of the graffiti implement was attending or traveling to or from a school at which the individual was participating in a class that formally required the use of the graffiti implement or (2) that the individual had express permission to possess the graffiti implement from the owner or legal occupant of the property on which the graffiti implement was possessed.

2. It is unlawful for any person to possess a graffiti implement, with intent to damage property or under circumstances evincing intent to use the same in order to damage property unless otherwise authorized by the City.

C. Unlawful for Minor to Purchase. It is unlawful for any person under the age of 18 years to purchase broad-tipped markers, pressurized containers, or paint sticks. (Ord. M-4084 §3, 2014)