Chapter 42
AEROSOL SPRAY PAINT CONTAINERS AND MARKER PENS
Sections:
5-42.02 Sale to minors prohibited.
5-42.03 Possession by minors prohibited.
5-42.07 Alternate methods of display administrative review.
5-42.01 Generally.
The sale, furnishing, possession and display of aerosol spray paint containers and marker pens with a tip exceeding three-eighths ( 3/8) of an inch in width, containing anything other than a solution which can be removed with water after it dries, is prohibited within the City, except as provided in this chapter.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.02 Sale to minors prohibited.
It is unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give or in any way furnish, any aerosol spray paint container or any marker pen with a tip exceeding three-eighths ( 3/8) of an inch in width, containing anything other than a solution which can be removed with water after it dries, to any minor under the age of eighteen (18) years, unless that person, firm, or corporation provides for the supervision of the minor’s use of such aerosol spray paint container or marker pen, so as to assure that the minor does not deface any public or private property, or violate any other section of this chapter.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.03 Possession by minors prohibited.
It is unlawful for any person under the age of eighteen (18) years to have in his or her possession in the City any aerosol spray paint container or any marker pen with a tip exceeding three-eighths ( 3/8) of an inch in width, containing anything other than a solution which can be removed with water after it dries, while upon public property or upon private property without the consent of the owner of such private property, whether such minor is or is not in or on an automobile or other form of conveyance.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.04 Display.
It is unlawful for any person, firm, or corporation doing business in the City to display any aerosol spray paint container or any marker pen with a tip exceeding three-eighths ( 3/8) of an inch in width, containing anything other than a solution which can be removed with water after it dries, in an area other than an enclosed counter to which only employees of such normally have access. It shall be lawful to use an alternative method of display that is approved in advance by an administrative review committee appointed by the City Manager for that purpose pursuant to Section 5-42.07, which restricts or limits access to, or secures or controls the removal of, any aerosol spray paint container or any marker pen with a tip exceeding three-eights ( 3/8) of an inch in width.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.05 Signage.
(a) Every person, firm, or corporation who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint containers or marker pens with tips exceeding three-eighths ( 3/8) of an inch in width, containing anything other than a solution which can be removed with water after it dries, shall place a sign in clear public view at or near the display of such products stating: “GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO SIX MONTHS, AND/OR FINE OF UP TO $1,000.00 (W.M.C. SECTION 5-41.03).”
(b) Every person, firm, or corporation who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint containers or marker pens with tips exceeding three-eighths ( 3/8) of an inch in width, containing anything other than a solution which can be removed with water after it dries, shall also place a sign in the direct view of such person or persons responsible for accepting customer payment for such containers or marker pens stating: “IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER 18 YEARS OF AGE IN THE CITY OF WATSONVILLE. PUNISHMENT CAN BE A FINE OF $1,000.00 AND/OR SIX MONTHS IN JAIL. (W.M.C. SECTION 5-42.02).”
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.06 Violation: Penalty.
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in Section 1-2.01 of this Code.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.07 Alternate methods of display administrative review.
The City Manager may appoint an administrative review committee consisting of the Police Chief, Public Works Director, Building Official, or such other City employees as the City Manager may select, for the purpose of reviewing requests for approval to implement an alternative method of display which restricts or limits access to, or secures or controls the removal of any aerosol paint container or any marker pen with a tip exceeding three-eighths ( 3/8) of an inch in width.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)
5-42.08 Severability.
If any section, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court or competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts to this, or portions be declared invalid or unconstitutional. To this end, provisions of this chapter are severable.
(§ 1, Ord. 948-94 C-M, eff. May 26, 1994)