§ 8-4-130

Possession of etching materials, paint or marker unlawful

a.

It shall be unlawful for any person to possess etching materials, a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, on the property of another or in any public building or upon any public facility. It shall be a defense to an action for violation of this subsection that the owner, manager or other person having control of the property, building or facility consented to the presence of the etching materials, paint or marker.

b.

It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three- eighths of an inch or greater, or any etching equipment or etching materials, on the public way with intent to use the same to deface any building, structure or property.

c.

It shall be unlawful for any person to transport, carry, possess or have any spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, or any etching equipment or etching materials, in or upon or about any motor vehicle with intent to use the same to deface any building, structure or property.

d.

For purposes of this code, “etch” means to cut, bite, corrode or engrave on metal, glass, plastic, concrete or stone, and “etching equipment” means any tool, device, or equipment used to etch. “Etching materials” means any acid or like substance used to etch.

e.

Any person who violates any provision of this section shall be subject to a fine of not less than $500 and not more than $1,500 for each offense.

f.

A motor vehicle that is used in the violation of subsection (c) of this section shall be subject to seizure and impoundment under this subsection (f).  The owner of record of such vehicle shall be liable to the city for an administrative penalty of $1,000 in addition to fees for towing and storage of the vehicle. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this subsection, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code. The provisions of Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.

(Prior code § 193-5.1; Added Coun. J. 2-11-87, p. 39504; Amend Coun. J. 5-20-92, p. 17016; Amend Coun. J. 2-10-93, p. 28505; Amend Coun. 7-21-99, p. 9095; Amend Coun. J. 5-11-05, p. 48079, § 3; Amend Coun. J. 11-16-11, p. 14596, Art. I, § 1; Amend Coun. J. 11-8-12, p. 38872, § 157)

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