Section 8.82.030 Prohibited acts.

1. Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any city-owned property or, without the permission of the owner, lawful tenant or authorized occupant, on any non-city-owned property, however, consent of the owner shall not be an exception where the graffiti is visible from public right of way and tends to incite violence or disorderly conduct or is obscene under state law. After a prima facia showing that an inscription or marking is graffiti the burden of proving owner’ s express consent is upon the defendant.

a. By minors at or near school facilities. It shall be unlawful for any person under the age of eighteen (18) 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 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 markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a marker.

b. 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 (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the city.

c. Other locations. No person shall, absent express permission of the property owner, possess an implement of graffiti in any public building, or upon any public property or private property with the intent to use the same to deface said building or any property thereon.

d. Exceptions. This section shall not apply to persons engaged in an organized school activity, course or program; a recreational program organized or sponsored by a civic or community group; or an art course or program organized or sponsored by a civic or community group. (Ord. No. 2006-0203)