(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MINOR. Any individual under the age of 18 years of age.
PERSON. Any individual, firm, association, partnership, or corporation selling or offering for sale any item prohibited by this section.
(B) Prohibited conduct. The following conduct shall be prohibited.
(1) No person shall sell to any minor any aerosol container of paint (spray paint) capable of defacing property, unless such minor is accompanied by a parent or a guardian.
(2) Any person selling or offering for sale any aerosol container of paint shall require bona fide evidence of majority and identity. Bona fide evidence of majority and identity shall be established only by a document issued by a federal, state, county, or municipal government, including but not limited to a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces.
(3) Proof that the defendant or his or her employee or agent demanded was shown and acted in reliance upon such bona fide evidence in any sale transaction forbidden by this section shall be a defense to any criminal prosecution therefor.
(C) Posting of sign. Any person who owns, manages, or operates a place of business wherein aerosol containers of paint capable of defacing property are sold shall conspicuously post, at the place of display of such containers for sale and at the place of sale (cash register), a sign in letters at least one-half inch in height stating: “Spray paint shall not be sold to minors.”
(D) Consequences of providing paint used for graffiti. Any person who has reached the age of majority who shall give, trade, or otherwise provide to any minor any aerosol container of paint used in the actual application of graffiti or defacement of property shall be guilty of an offense and shall, upon conviction, be punished as prescribed.
(E) Penalty. The penalty for violation of this section shall be 60 days in jail and/or a fine of up to $500 for each individual violation.
(Ord. 1845, passed 2-15-11)