(A) Furnishing to minors prohibited.
(1) No person may sell, give, loan, or otherwise make available any aerosol paint containers, broad-tipped markers, etching equipment, or any other graffiti implements to a minor unless that minor is accompanied by a parent or legal guardian at the time of purchase or transfer, and the purchase is for legitimate use in classes, organized extracurricular activities, or other legitimate activities.
(2) No minor may furnish fraudulent identification of majority age at the time of purchase or transfer of any aerosol paint containers, broad-tipped markers, etching equipment, or any other graffiti implements.
(B) Storage of graffiti implements. Every person who owns, operates, or manages a commercial retail establishment that sells aerosol paint containers, broad-tipped markers, etching equipment, or any other graffiti implements must store the implements in an area inaccessible to the public without employee or owner assistance, or that is continuously observable through direct visual observation or surveillance equipment by the establishment’s owners or employees during the regular course of business.
(C) Signage requirements. Every person who operates a commercial retail establishment that sells graffiti implements must:
(1) Place a sign at or near the display of such products stating: “Graffiti is against the law. Any person who defaces property with paint, markers, or any other liquid or marking device is guilty of a crime punishable by up to six months imprisonment and/or fines up to $2,500”, or words to that effect; and
(2) Place a sign in view of persons accepting customer payment for graffiti implements stating: “Selling aerosol paint containers, broad-tipped markers, etching equipment, or any other graffiti implements to persons under the age of 18 is a civil offense and punishable by a fine up to $1,000”, or words to that effect.
(Prior Code, § 11-2-3) (Ord. 07-05, passed 2-12-2007) Penalty, see § 131.99