1997-10-20 Special Called Regular and Workshop Meeting of City Council

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ORDINANCE NO. 97 - _L e PAGE 4 (b) Use or Possession of Graffiti Imolements (1) By Minors at or Near School Facilities. It shall be unlawful for any person under the age of eighteen (18) years to knowingly or intentionally use or possess with intent to use 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. (2) In Designated Public Places. It shall be unlawful for any person to knowingly or intentionally use or possess with intent to use 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. SECTION 7. ACCESSIBILITY TO GRAFFITI IMPLEMENTS. (a) Furnishing to Minors Prohibited, It shall be unlawful for any person, other than a parent or legal guardian, to knowingly 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 (18) years without the written consent of the parents or guardian of the person. (b) Disolay and Storage. (1) Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad-tipped markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.