(A) It shall be unlawful for any person holding a retail business license in the city to sell paint in spray cans or to sell any marker containing a fluid which is not water soluble and has a paint brush, applicator or other writing surface of 3/8-inch or greater to any person under the age of 18 years.
(B) Any person holding a retail business license to sell paint in spray cans shall have posted in a conspicuous place, a sign which clearly states that “It is unlawful to sell spray paint to any person under the age of 18 years.”
(C) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a paint brush, applicator or other writing surface of 3/8-inch or greater on the property of another or in any public building or upon any public facility or private property without prior written consent of the property owner.
(D) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a paint brush, applicator or other writing surface of 3/8-inch or greater on the public way with intent to use the same to deface any building, structure or property.
(E) No person under the age of 18 shall possess within the city any paint in a spray can or any marker containing a fluid which is not water soluble and has a paint brush, applicator or other writing surface of 3/8-inch or greater. This prohibition shall not apply to:
(1) A child using paint or a marker while under the immediate supervision of his or her parent or legal guardian;
(2) A student using paint or a marker while under the immediate supervision of his or her teacher; and
(3) An employee using paint or a marker at the direction and under the supervision of his or her employer.
(F) No person shall aid, assist or abet a person under the age of 18 in obtaining possession of paint in a spray can or any marker containing a fluid which is not water soluble and has a paint brush, applicator or other writing surface of 3/8-inch or greater. This prohibition shall not apply to:
(1) A parent or legal guardian assisting and supervising his or her own child or ward in the use of paint or a marker;
(2) A teacher assisting and supervising his or her student in the use of paint or a marker; and
(3) An employer assisting and supervising his or her employee in the use of paint or a marker.
(Prior Code, § 132.23) (Ord. 7794, passed 5-22-1995) Penalty, see § 132.999