(1) It is unlawful for any person to sell, offer to sell, give, deliver, furnish, or otherwise transfer a spray paint container, spray paint nozzle, broad tipped marker, paint stick, marker nibs, tips, or bits, or etching equipment to any person under the age of eighteen (18) years unless such person is accompanied by his or her parent, legal guardian or custodian, or other responsible adult and the item is to be used in a lawful manner.
(2) It shall be unlawful for any person to display for sale any spray paint container, spray paint nozzle, broad tipped marker, paint stick, marker nibs, tips, or bits, or etching equipment without first providing a sign or plaque in such display area with a warning containing the following or substantially similar language:
"It is unlawful to sell or transfer any spray paint container, spray paint nozzle, broad tipped marker, paint stick, marker nibs, tips, or bits, or etching equipment to any person under the age of 18 years without appropriate parental consent."
(3) It is a defense to prosecution under subsection (1) of this section that the seller, deliverer or transferor was actively misled or deceived by the presentation of a written or printed information presented by a person under the age of eighteen (18) years, relating to the age or identity of such person.
(Ord. No. 147-2008, § 3, 6-26-08)