Chapter 9.84
SALE OF AEROSOL CONTAINERS OF PAINT TO MINORS

Sections:

9.84.010    Furnishing aerosol containers of paint to minors prohibited.

9.84.020    Purchase of aerosol containers of paint by minors prohibited.

9.84.030    Possession of aerosol containers of paint by minors in public place prohibited.

9.84.040    Parents and guardians liable for damages caused by graffiti done by minor child.

9.84.010 Furnishing aerosol containers of paint to minors prohibited.

A. It is unlawful for any person, firm or corporation to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint without first obtaining bona fide evidence of identity and age of majority.

B. For purposes of this section, “bona fide evidence of identity and age of majority” is any document showing the age and identity of an individual which has been issued by a federal, state or local governmental entity and includes, but is not limited to, a motor vehicle operator’s license or an identification card issued by the State Department of Licensing or U.S. Immigration Office.

C. This section shall not apply to the furnishing of six ounces or less of an aerosol container of paint to a minor for the minor’s lawful use under the immediate supervision of the minor’s parent, guardian, instructor or employer. (Ord. 2006-4 § 1, 2006).

9.84.020 Purchase of aerosol containers of paint by minors prohibited.

It is unlawful for any person under the age of 18 years to purchase an aerosol container of paint. (Ord. 2006-4 § 1, 2006).

9.84.030 Possession of aerosol containers of paint by minors in public place prohibited.

It is unlawful for any person under the age of 18 years to possess an aerosol container of paint while on any public street, alley, sidewalk, or other public place, regardless of whether that person is or is not in any motor vehicle. (Ord. 2006-4 § 1, 2006).

9.84.040 Parents and guardians liable for damages caused by graffiti done by minor child.

The court-appointed guardian, parent or parents of any minor child under the age of 18 years who is living with the guardian, parent or parents and who shall put an inscription, figure or design on a building, wall, fence or other property owned by another person without permission of said property owner, whether by paint, spray paint, marker, or any other device or material, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed $5,000. Said damages may include costs incurred by the city in removing graffiti through the use of a soda blaster or otherwise. If a court-appointed guardian, parent or parents are found liable under this section, the court may, after considering the said guardian’s or parent’s ability to pay, and upon their request, permit the guardian, parent or parents to perform the labor and provide the materials necessary to remedy said damages in lieu of payment. (Ord. 2006-4 § 1, 2006).