§ 9.12.070. Unlawful sale and possession of certain paints and markers.

A.

No person or entity shall, within the city, sell, display, expose, or keep for sale any aerosol spray paint can, or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface in excess of one-half inch, unless at the point of display or sale there is posted a sign with letters not less than one and one-half inches in height bearing the following words:

SALE OF SPRAY PAINT AND BROAD INDELIBLE MARKERS TO PERSONS UNDER EIGHTEEN AND THE UNLAWFUL PURCHASE OR POSSESSION OF PAINTS AND SUCH MARKERS BY PERSONS UNDER EIGHTEEN IS PUNISHABLE BY A THREE HUNDRED DOLLAR FINE.

B.

No person shall sell or deliver any aerosol spray paint, or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface in excess of one-half inch to any person under eighteen years of age or to any person of whatever age who refuses to submit for inspection if requested a driver's license, liquor purchase identification or other identification to establish the age of such person.

C.

No person under eighteen shall possess any aerosol spray paint, or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface in excess of one-half inch unless such possession occurs in the presence of an adult at least eighteen years of age and such materials are intended for lawful purposes.

D.

Any person or entity violating this provision shall be subject to a fine of up to three hundred dollars per offense. Each day that a person or entity is in violation shall constitute a separate offense. The health agent and/or code enforcement officers of the board of health shall have the right to enforce this subsection pursuant to the noncriminal disposition procedures set forth in Chapter 1.12.

(C.O.06-610 § 1)