A. No person other than a parent, guardian or other adult person acting in their place shall sell or otherwise provide aerosol spray paint containers to any person less than eighteen years of age, and no person less than eighteen years of age shall buy or attempt to buy any aerosol spray paint containers. An Arizona driver's license, an identification card issued to a member of the Armed Forces, or an identity card issued pursuant to A.R.S. § 28-3165 shall be prima facie proof of age.
B. Every person who owns, manages or operates a place of business selling aerosol spray paint containers shall store or cause such aerosol spray paint containers to be stored either:
1. In the line of sight of one or more work stations that are normally continuously occupied during business hours, or
2. In an area viewable by the public, but not accessible to the public, in the regular course of business without employee assistance, pending legal sale or disposition of such aerosol spray paint containers.
C. Any person who owns, manages or operates a place of business wherein aerosol spray paint is sold shall conspicuously post:
1. At or near the aerosol spray paint display, in clear public view, a sign stating: “GRAFFITI IS A CRIME. THE DEFACING OF PUBLIC OR PRIVATE PROPERTY IS PUNISHABLE BY A FINE OR IMPRISONMENT”, and
2. At or near the aerosol spray paint display, in clear public view, a sign stating: “NO AEROSOL SPRAY PAINT CONTAINERS SOLD TO MINORS. SELLING SPRAY PAINT TO OR PURCHASE OF AEROSOL SPRAY PAINT CONTAINERS BY PERSONS LESS THAN 18 YEARS OF AGE IS AGAINST THE LAW. VIOLATORS CAN BE FINED OR IMPRISONED."
D. Notwithstanding any other criminal penalty provided for in this chapter, failure to comply with this section is a civil offense punishable by a civil fine as follows:
1. First offense: mandatory minimum fine of not less than $100.
2. Second offense (within one calendar year): mandatory minimum fine of not less than $500.
3. Third and subsequent offenses (within one calendar year): mandatory minimum fine of not less than $1,000.
E. Notwithstanding any other civil penalty provided for by this chapter, any violation of any prohibition or requirement imposed by this chapter is a Class Three misdemeanor.
(Ord. 1397.08.24 § 2 (part), 2012)