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(1) It is unlawful for any person to have in his or her possession any graffiti implement while in any public park, playground, swimming pool, public recreational facility, public restroom, or any other similar type of public facility within the city. This subsection (1) shall not apply to any person who possesses such implements while in the course and scope of their lawful profession, trade, or occupation.

(2) It is unlawful for any person to have in his or her possession any graffiti implement, for the purpose of applying graffiti, while (a) on any highway, street, alleyway, or sidewalk; (b) in any public right-of-way; or (c) in or upon any underpass, overpass, bridge, abutment, or other similar type of infrastructure within the city.

(3) It is unlawful for any minor to have in his or her possession any graffiti implement while in or upon any highway, public sidewalk, street, alleyway, public right-of-way, public park, playground, swimming pool, public recreational facility, underpass, overpass, bridge, abutment, storm drain, other similar infrastructure or on private property within the city without the minor having in his or her possession the written consent of the property owner or lessee, whether or not the minor is in a vehicle. The written consent of the property owner or lessee shall include the contact information of the owner or lessee, as appropriate, including, but not limited to, a current phone number and address. This subsection shall not apply to any minor who is accompanied by his or her parent or guardian having custody and control of the minor; or under the immediate supervision of a teacher or instructor employed by a public school, private school, or other similar educational facility licensed by either the state of California or similar public entity. Notwithstanding the foregoing, an emancipated minor shall be subject to the requirements of subsection (1) of this section rather than this subsection.

(4) It is unlawful for any person, other than the parent or guardian having custody and control of a minor, to sell, exchange, give, loan or otherwise furnish, or cause or permit to be sold, exchanged, given, loaned or otherwise furnished, any graffiti implement to a person under the age of 18 years without first obtaining the written consent of the parent or guardian having custody and control of the minor. The prior written consent of the parent or guardian of the minor shall include the contact information of the parent or guardian, including, but not limited to, a current phone number and address.

(5) Except as authorized in this section, the possession of any graffiti implement while in any public park, playground, swimming pool or public recreational facility, while on a public sidewalk, street, alleyway or in any public right-of-way or while in or upon an underpass, overpass, bridge, abutment, storm drain, or other similar type of infrastructure within the city is hereby declared to be a public nuisance. (Ord. 632 § 2, 2013).