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69H <br />(5) Point stick means any device containing a solid form of paint, chalk, wax, epoxy, or <br />similar substance capable of being applied to a surface by pressure and leaving a mark of at least <br />one-eighth (1/8'h) of an inch in width. <br />(c) Exemption. Subsection (a) of this section shall not be construed to prohibit temporary, easily <br />removable chalk or other water-soluble markings on public or private sidewalks, streets or other <br />paved surfaces which are used in connection with traditional children's activities, such as <br />drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be <br />construed to prohibit temporary, easily removable chalk or other water soluble markings used in <br />connection with any lawful business or public purpose or activity. <br />(d) Possession of Graffiti Implements Prohibited. <br />(1) By Minors at or Near School Facilities. It shall be unlawful for any person under <br />the age of eighteen (18) years to possess any graffiti implement while on any school property, <br />grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific <br />locations upon public property, or upon private property without the prior written consent of the <br />owner or occupant of such private property. <br />(2) In Designated Public Places. It shall be unlawful for any person to possess any <br />graffiti implement while in or upon any public facility, park, playground, swimming pool, <br />• recreational facility, or other public building or structure owned or operated by the `town or <br />while in or within fifty (50) feet ofan underpass, bridge abutment, storm drain, or similar types <br />of infrastructure unless otherwise authorized by the Town. <br />(3) The provisions of this Section shall not apply to the possession of graffiti <br />implements by a minor attending or traveling to or from a school at which the minor is enrolled <br />if the minor is participating in a class at the school that requires the possession of graffiti <br />implements, nor to any person transporting graffiti implements while traveling to or from home <br />or place of employment.- <br />(e) This Ordinance shall be effective upon adoption. <br />This the day of ; 2006. <br />