(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARKER. Any device 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.
SPRAY PAINT. Aerosol-propelled paint or any device designated to expel paint by means of a compressed gas.
(B) Sale or gift.
(1) No person shall sell, give away, deliver, transfer or offer to sell spray paint to any person under the age of 18.
(2) No person shall sell, give away, deliver, transfer or offer to sell any marker to any person under the age of 18.
(3) For purposes of preventing violations of this section, any person may refuse to sell spray paint or markers to any person under the age of 18.
(4) Any person holding a retail business license to sell spray paint or markers shall have posted in a conspicuous place a sign which clearly indicates that it is unlawful to sell spray paint or markers to any person under the age of 18.
(C) Possession.
(1) Except as provided in division (C)(2) hereof, no person under the age of 18 shall possess, purchase or accept as a gift any spray paint or marker.
(2) The possession of spray paint or a marker or markers by any person under the age of 18 while under the direct supervision of a parent or legal guardian of the person, while the person is engaged in the performance of duties of his or her employment, while the person is at school and engaged in a function sanctioned or supervised by a teacher or other school official, or while the person is on his or her own land or in his or her own abode, is not prohibited by this section.
(3) No person shall aid, assist or abet a person under the age of 18 in obtaining possession of spray paint or a marker or markers, with the exception of a parent or legal guardian assisting and supervising his or her own child or ward in the use of spray paint or a marker or markers, a teacher assisting and supervising his or her student in the use of spray paint or a marker or markers, and an employer assisting and supervising his or her employee in the use of spray paint or markers.
(Ord. 93-51, passed 9-28-1993)