§ 23-17 PROHIBITION OF POSSESSION OF AEROSOL PAINT BY MINORS.

   (a)   Terms defined. In this section:

      AEROSOL PAINT. An aerosolized paint product, including a clear or pigmented lacquer or finish.

      MINOR. An individual younger than 17 years.

   (b)   Possession. It shall be unlawful for a minor to possess aerosol paint of any sort or character.

   (c)   Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.

   (d)   Affirmative defense. It shall be an affirmative defense to a violation of this section that, at the time of possession, the minor was accompanied or supervised by a parent or guardian, a teacher in connection with a bona fide school project, a supervisor during the minor’s regular employment or that the minor possessed the aerosal paint on the property on which he or she lives or that the possession occurred as part of an organized event sponsored or supervised by the city, a school, a church or some other officially recognized entity.

(Ord. 11629, § 1, passed 7-6-1994)

Cross-reference:

   Graffiti, see App. B, §§ 11A-90 et seq.