§ 34-66. Possession of graffiti materials by minors prohibited.
(a)
It shall be unlawful for any minor, except a minor under the direct supervision of the minor's parent, legal guardian, school teacher, or a law enforcement officer in the performance of duty, to purchase, procure, or possess, or attempt to purchase, procure, or possess, any prohibited graffiti material.
(b)
Definitions. Words and phrases used in this chapter 34 shall have the following meanings respectively ascribed to them:
(1)
Broad tipped marker pen means a felt-tip marker, or similar implement containing a fluid which is not water soluble with a tip that exceeds one-quarter (¼) inch in width.
(2)
Glass etching tool or instrument means any device or product used for engraving or creating a frosted effect on any surface or delivering a solution to any surface in order to create an image, or any container of such solution, including, but not limited to, glass etching creams or solutions.
(3)
Paint pen means a tube, marker, or other pen-like instrument with a tip of one-quarter (¼) inch in diameter or less that contains paint or a similar fluid and an internal paint agitator.
(4)
Prohibited graffiti material means any can of spray paint, spray paint nozzle, broad tipped marker pen, paint pen, glass cutting tool, or glass etching tool or instrument.
(5)
Spray paint means any aerosol container that is made or adapted for the purpose of applying paint or other substance capable of defacing property.
(6)
Spray paint nozzle means a nozzle designed to deliver a spray of paint of a particular width or flow from a can of spray paint.
(c)
It shall be an affirmative defense to charges under this section that the minor possessing the material was:
(1)
Within their home;
(2)
At their place of employment; or
(3)
Upon real property with permission from the owner, occupant, or person having lawful control of such property, to possess such materials.
(d)
Persons convicted of violating and persons pleading guilty or nolo contendere to violation of subsection (a) shall be required to perform the following number of hours of useful public service and pay a fine of at the least the following amount:
First offense Ten (10) hours $100.00 Second offense Twenty (20) hours 200.00 Third offense Thirty (30) hours 300.00 The court shall have the authority to suspend any fine in excess of one hundred dollars ($100.00) only when it orders a person convicted of violating subsection (a) to perform useful public service in excess of the number of hours stated, and credits the dollar amount earned through such public service toward payment of such fine. The person shall be paid at the standard hourly rate for such public service as established by the rules and regulations of the court. Useful public service shall be considered work which is beneficial to the public and which involves a minimum of public cost. Any sentence to perform useful public service entered pursuant to this section shall be structured to allow the minor to continue regular school attendance.
(Ord. No. 424-95, § 1, 6-12-95; Ord. No. 901-98, § 1, 12-14-98; Ord. No. 827-02, § 1, 10-7-02; Ord. No. 677-07, § 1, 11-19-07)