(a) Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnish, any graffiti implement to any minor without the consent of the parent or other lawfully designated guardian which consent shall be given in advance in writing.
(b) Display Requirements. No person or business engaged in commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing in this chapter shall relieve such persons or business entity from, at all times, complying with the requirements of the California Penal Code Section 594.1(c) by posting signs as described therein.
(c) Storage Requirements. No person or business engaged in the business of selling, providing or trading graffiti implements shall store any graffiti implement except in either (1) a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall at all times except during access by the owner or an adult representative of the owner, remain securely locked. For purposes of this section, an owner or authorized representative of the owner, shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owner.
(d) Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of the provisions of any of the California Penal Code Sections, set forth in subsection (b) of this section, or Section 9.90.030 of this chapter.
(Ord. 468 § 1 (part), 1993).