§ 9-2513. SALE, FURNISHING, PURCHASE OR POSSESSION OF AEROSOL PAINT CONTAINER; PERSONS UNDER THE AGE OF 18 YEARS; POSSESSION OF GRAFFITI IMPLEMENTS.  


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  • (a) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give away, or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint weighing six ounces or less (net weight of contents) that is capable of defacing property without first obtaining bona fide evidence of majority and identity.

    For the purposes of this subdivision, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual which has been issued by a federal, state, or local government entity, and includes, but is not limited to, a driver's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces.

    (b) It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint weighing six ounces or less (net weight of contents) that is capable of defacing property.

    (c) It is unlawful for any person regardless of age, to possess, with the intent to deface any property, any aerosol container of paint, or felt tip marker pen or other indelible ink marker, any pressurized container designed to propel liquid, any spray activator capable of being attached to an aerosol paint container, or any etching tool as defined by California Penal Code Section 594.2(a) or any other device capable of scarring glass, metal, concrete or wood, while on a public highway, street, alley, or way, or any other public place, regardless of whether that such person is or is not in any automobile, vehicle, or other conveyance. (Added Ord. 89-53, § 1, eff. 6-2-89; Am. Ord. 94-99, §§ 1, 2, eff. 10-18-94).