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A. It is unlawful for any person under the age of eighteen years, who is on private property, without the consent of the owner, tenant or operator thereon, or who is in a public place, to possess a marker pen with the tip exceeding six millimeters in width, containing anything other than a solution which can be removed with water when dry. For purposes of this section, a “public place” includes, but is not limited to, all public buildings and facilities, public highway, street, alley or way, regardless of whether that person is or is not in any automobile, vehicle or other conveyance. This subdivision shall not apply to the possession of a marker pen with the tip exceeding six millimeters in width, by a minor under the supervision of a responsible adult.

B. It is unlawful for any individual, who is on private property, without the consent of the owner, tenant or operator thereon, to possess an aerosol or pressurized container of paint for the purpose of defacing property. (Ord. 3524 § 2, 1993; Ord. 3517 § 2, 1993)