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A. Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any Town-owned property or, without the permission of the owner or occupant on any private property.

B. Possession of Graffiti Implements.

1. 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 broad-tipped markers or other instruments by a minor attending or traveling to or from 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 or other such instruments. 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.

2. 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 Town or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar type of infrastructure unless otherwise authorized by the Town. ((O)10-12, 10/20/2010)