A. Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing.
B. Display requirements. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any aerosol paint container or felt tip marker except in an area from which the public shall be securely precluded without employee assistance. Two (2) acceptable methods for displaying aerosol paint containers and felt tip markers for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of Cal. Penal Code § 594.1(c) by posting signs as described therein.
C. Storage requirements. No person or business engaged in the business of selling, providing or trading aerosol paint containers or felt tip markers shall store the same other than in either a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this section, an owner or authorized adult representative of the owner, shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owner or authorized adult representative of the owner.
D. Civil responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage, of any aerosol paint container or felt tip marker in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored aerosol paint container or felt tip marker in violation of the provisions of any of the Cal. Penal Code sections set forth in § 8.16.080.A.1.
('61 Code, § 6.6) (Ord. 939, passed - - )