(a) (1) It shall be unlawful for any person, firm, or corporation to sell to another person, who is under the age of eighteen (18) years, any aerosol container of paint that is capable of defacing property without first obtaining bona-fide evidence of majority and identity.
(2) It shall be unlawful for any person, firm, or corporation to furnish or give to another person, who is under the age of eighteen (18) years, any aerosol container of paint that is capable of defacing property.
(b) For purposes of this subdivision, “bona-fide evidence of majority and identity” is any document evidencing the age and identity of an individual which has been issued by a federal, state or local governmental entity, 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.
(c) Subsection (a)(2) hereof shall not apply to the furnishing of an aerosol container of paint to a minor for the minor’s use or possession while engaged in a lawful activity under the supervision and control of the minor’s parent, guardian, teacher or employer.
(d) Subsection (a)(2) hereof shall not apply to aerosol containers of paint or related substances that are furnished for use in school-related activities as part of the instructional program when used under the control and supervision of a teacher, instructor or other adult supervisor for such activities, either within the classroom or on the site of a supervised project. These containers shall be inventoried by the teacher, instructor, or adult supervisor upon completion of the activity or project.
(e) After thirty (30) days from passage of this section, all retail businesses within the City of Cleveland that sell or offer for sale aerosol containers of paint shall post in a conspicuous area near such containers a notice that states:
“WARNING: SALE OF SPRAY PAINT TO
MINORS PROHIBITED”
“1) It is unlawful in the City of Cleveland for any person under the age of eighteen (18) to purchase an aerosol container of paint.”
“2) It is unlawful in the City of Cleveland for any person under the age of eighteen (18) to possess or to be furnished with an aerosol container of paint, except while engaged in a lawful activity under the supervision and control of a parent, guardian, teacher, or employer.”
(f) After thirty (30) days from passage of this section, whoever violates subsection (e) hereof is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).
(g) Whoever violates subsections (a)(1) or (a)(2) hereof is guilty of selling or furnishing an aerosol paint container to a minor, a misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)