Chapter 8.56
SPRAY PAINT CANS, MARKING PENS AND OTHER PARAPHERNALIA*

Sections:

8.56.010    Sale and purchase prohibited.

8.56.020    Storage of aerosol spray paint cans and marking pens.

8.56.030    Sale prohibited at swap meets.

8.56.040    Possession prohibited in public parks and buildings.

8.56.050    Restitution.

8.56.060    Violation–Penalty.

*Prior ordinance history: Ordinances 1153, 1430 and 1451.

8.56.010 Sale and purchase prohibited.

A.    The city council intends to prohibit the sale, purchase and possession of aerosol spray paint cans or containers through state law.

B.    No person shall sell or cause to be sold to any person under the age of eighteen years, any marking pen with a tip of one-fourth of an inch or more in width. (Prior code § 5-8.01)

8.56.020 Storage of aerosol spray paint cans and marking pens.

Any business or establishment offering for sale to the public aerosol spray paint cans or containers and marking pens with tips of one-fourth of an inch or more in width shall keep, store and maintain such cans, containers and pens in a place that is locked and secure, or otherwise made unavailable to the public. (Prior code § 5-8.02)

8.56.030 Sale prohibited at swap meets.

A.    The city council finds and declares that swap meets are a major source of the paraphernalia used for defacing property, that swap meets, by their very nature, require goods to be openly displayed and that swap meet vendors cannot or will not comply with storage requirements for such paraphernalia.

B.    The sale of aerosol spray paint cans or containers and marking pens with tips of one-fourth of an inch or more in width at swap meets as defined in the zoning title of this code is prohibited. (Prior code § 5-8.03)

8.56.040 Possession prohibited in public parks and buildings.

A.    It is unlawful for any person to have in his/her possession aerosol spray paint cans or containers, marking pens with tips of one-fourth of an inch or more in width and devices of whatever nature designed, used, or modified for the apparent purpose of defacing property while in any public park, playground, swimming pool, recreational facility, or public facility except authorized employees of the city or an individual or authorized employee of an individual or company under contract with the city.

B.    The city council does not intend that this section shall apply to persons under the age of eighteen in possession of aerosol spray paint cans or containers in public parks and facilities as that is regulated by state law. (Prior code § 5-8.04)

8.56.050 Restitution.

The city council reaffirms its intent to seek monetary restitution from persons defacing property or, if minors, from their parents, for costs relating to the apprehension of such persons and the cleaning of the defaced property by the city. (Prior code § 5-8.06)

8.56.060 Violation–Penalty.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor. (Prior code § 5-8.05)