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<br /> Unlawful application of graffiti.
<br /> A. It is unlawful for any person to paint, spray, chalk, etch, draw, or otherwise apply graffiti
<br /> on any natural or manmade surface on public or, without written permission of the owner
<br /> or occupant, privately owned buildings, signs, walls, fences, permanent structures,
<br /> property, or places or other surfaces within the city.
<br /> B. Any person who violates the provisions of this section shall be guilty of a gross
<br /> misdemeanor and may be punished by a fine of not more than five thousand dollars or by
<br /> imprisonment not to exceed three hundred and sixty-five days,or by both such fine and
<br /> imprisonment.
<br /> Is hereby amended to read as follows:
<br /> Unlawful application of graffiti.
<br /> A. It is unlawful for any person to paint, spray, chalk,etch, draw, or otherwise apply graffiti
<br /> on any natural or manmade surface on public or, without written permission of the owner
<br /> or occupant, privately owned buildings, signs, walls, fences, permanent structures,
<br /> property, or places or other surfaces within the city.
<br /> B. Any person who violates the provisions of this section shall be guilty of a gross
<br /> misdemeanor and may be punished by a fine of not more than five thousand dollars or by
<br /> and/or imprisonment not to exceed three hundred and sixty five days, or by both such
<br /> up to the maximum fine amount and term of imprisonment set
<br /> forth in EMC 10.04.080.A.
<br /> Section 4:
<br /> Section 3 of Ordinance No. 3074-08 (EMC 10.62.030),which reads as follows:
<br /> Unlawful possession of graffiti implements or paraphernalia—Exceptions.
<br /> A. It is unlawful for any person to have in his or her possession any graffiti implement or
<br /> paraphernalia, in a manner or under circumstances demonstrating his or her intent to
<br /> paint, spray,chalk,draw, etch,or otherwise apply graffiti,while:
<br /> 1. In a public place, or private property without the prior written consent of the
<br /> responsible private party; or
<br /> 2. On any school property, grounds, facilities, buildings, or structures, or in areas
<br /> immediately adjacent to those specific locations upon public property;or
<br /> 3. While in or upon premises open to the public, or while in or upon any public
<br /> facility, playground, recreational facility, or other public building or structure
<br /> owned or operated by the city or while in or within fifty feet of an underpass,
<br /> bridge, overpass, pedestrian crossing, bridge abutment, storm drain, retaining
<br /> wall, transit shelter, or similar types of infrastructure unless otherwise authorized
<br /> by the city or responsible public agency.
<br /> B. Exceptions.
<br /> 1. The proscriptions of subsection (A)(2) of this section shall not apply to the
<br /> possession of broad-tipped markers or other implements by a student attending
<br /> and actively enrolled in a class which formally requires use of such markers or
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