A. No person under the age of eighteen years and not in the presence of a parent or legal guardian shall have in his or her possession a graffiti implement, as defined by this chapter, while in any public park, playground, swimming pool, public recreational facility or any public right-of-way, public building or structure owned or operated by the city or while within fifty feet of an underpass, bridge, abutment, storm drain, or similar types of infrastructure in the city unless necessary to participate in a function sponsored by the city. This section shall not apply to authorized employees of the city, nor shall it apply to the authorized agents or contractors under contract with the city.

B. It shall be unlawful for any person under the age of eighteen years and not in the presence of a parent or legal guardian to possess any graffiti implement while on school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or on 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. 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 broad-tipped marker.

C. It shall be unlawful for any person, firm or corporation to sell or give any graffiti implement, as defined by this chapter, to any individual under the age of eighteen years who is not accompanied by a parent or legal guardian.

D. Any person, firm or corporation offering for sale to the public any graffiti implement, as defined by this chapter, shall keep a log when aerosol containers of paint are purchased. The business representative will log the name, address, driver’s license number and number of aerosol containers of paint purchased by any individual obtaining five or more aerosol containers of paint.

E. Any person, firm or corporation engaged in the retail sale of any graffiti implement as defined by this chapter must display at a conspicuous location a legible sign measuring not less than twelve inches by twelve inches with letters at least one-half inch in height which states:

It is unlawful for any person to sell or give to any individual under the age of eighteen years any implement or other device capable of being used to deface property. Any person who maliciously defaces real property is guilty of vandalism which is punishable by a fine, imprisonment, or both.

(Ordinance Number specified)

F. Any person, firm or corporation that violates any provision of this section shall be guilty of a misdemeanor.