This section shall be known as the GRAFFITI IMPLEMENTS ORDINANCE.
A. Definitions: For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them as follows:
AEROSOL PAINT CONTAINER: Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
FELT TIP MARKER: Any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch (1/8"), containing an ink that is not water soluble.
GRAFFITI: Any unauthorized inscription, work, figure or design that is marked, etched, scratched, drawn or painted on any surface.
GRAFFITI IMPLEMENT: An aerosol paint container, a felt tip marker or a paint stick.
MINOR: A person under eighteen (18) years of age.
PAINT STICK: Any device containing a solid form of paint, chalk, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch (1/8") in width, visible from a distance of twenty feet (20'), and not water soluble.
B. Sale, Exchange Or Transfer Of Spray Paint Can, Felt Tip Marker Or Paint Stick To Minors: It is unlawful for any person to sell, exchange, give, loan or otherwise transfer or cause or permit to be sold, exchanged, given, loaned or otherwise transferred any aerosol paint container, felt tip marker or paint stick to any minor.
C. Possession Of Aerosol Paint Container, Felt Tip Marker Or Paint Stick By Minors Prohibited: It is unlawful for any minor to have in his possession any aerosol paint container, felt tip marker or paint stick while upon any public highway, street, alleyway, park, playground, swimming pool or other public place or property, or while upon any private property without the owner's consent to his personal presence and possession of such aerosol paint container, felt tip marker or paint stick, whether such minor is or is not in any automobile, vehicle or other conveyance.
D. Display Of Aerosol Paint Container, Felt Tip Marker Or Paint Stick By Licensed Business Persons: It shall be unlawful for any person licensed to do business in the city to display any aerosol paint container, felt tip marker or paint stick for sale from any self-service or self-help counter. Any aerosol paint container, felt tip marker or paint stick may only be displayed in an enclosed counter to which only employees of such business have access.
E. Penalties For Violation: In addition to any other penalties generally provided for a violation of a this section, a violator may be required to pay for the costs of repairing any damages to property caused by the violator's unlawful conduct. (Ord. 94-011, 5-10-1994)