Chapter 8.57
SALE OF AEROSOL PAINT CONTAINERS AND MARKING PENS CAPABLE OF DEFACING PROPERTY

Sections:

8.57.010    Intent and purpose of provisions.

8.57.020    Definitions.

8.57.030    Sale of aerosol paint containers or marker pens.

8.57.040    Storage and display of aerosol paint containers or marker pens.

8.57.050    Signs required.

8.57.060    Violation—Penalty.

8.57.010 Intent and purpose of provisions.

The Board of Supervisors finds and determines that graffiti on both public and private buildings, structures, and in other places creates a condition of blight within the unincorporated areas of the County which can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The Board of Supervisors further finds and determines that graffiti is inconsistent with the County’s property maintenance goals, crime prevention programs, and aesthetic standards. The purpose of this chapter is to prevent the further spread of graffiti in the unincorporated area of the County. [Ord. 4710 § 1, 2003].

8.57.020 Definitions.

For the purposes of this chapter:

“Aerosol paint container” means any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through use of aerosol devices, pumps, or similar propulsion device.

“Bona fide evidence of majority and identity” means any document evidencing the age and identity of an individual which has been issued by a Federal, State or local governmental entity, and includes, but is not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces.

“Marker pen” means a pen with a tip exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries. [Ord. 4710 § 1, 2003].

8.57.030 Sale of aerosol paint containers or marker pens.

No person shall sell, give or in any way furnish an aerosol paint container, including containers of six ounces or less, or a marker pen to another person who is in fact under the age of 18 years, and bona fide evidence of majority and identity must be presented before the aerosol paint container or the marker pen is handed over. This section shall not apply to the furnishing of a marker pen or six ounces or less of an aerosol container of paint to a minor for the minor’s use or possession under the supervision of the minor’s parent, legal guardian, teacher or employer. [Ord. 4710 § 1, 2003].

8.57.040 Storage and display of aerosol paint containers or marker pens.

(A)    All persons offering aerosol paint containers or marker pens for sale shall restrict access to those items from the public by placing them behind a locked counter, cabinet, or other storage facility so that access to them cannot be gained without the assistance of an authorized employee, agent, or other authorized representative of such person. This section shall apply to all sales, regardless whether the seller is a commercial business or a private individual, and shall include, but not be limited to, garage sales and flea markets.

(B)    Nothing herein shall preclude the storage or display of aerosol paint containers or marker pens in an area viewable by the public as long as such items are not accessible to the public without authorized assistance. [Ord. 4710 § 1, 2003].

8.57.050 Signs required.

No person shall engage in the sale of aerosol paint containers or marker pens, including but not limited to sales that take place at a flea market or garage sale, unless there is displayed at the immediate location of such sale a sign clearly visible and legible to employees and customers and posted in a conspicuous place, which states as follows:

It is a crime for any person to sell, give, or furnish an aerosol paint container or a marker pen capable of defacing property to any individual under the age of eighteen (18) years, unless the minor is accompanied by a parent or authorized adult. (County Code Section 8.57.030).

[Ord. 4710 § 1, 2003].

8.57.060 Violation—Penalty.

(A)    Any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction and shall be punished by a fine in accordance with SCCC 1.12.040; provided, however, that any offense which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three or more violations of this chapter within the 12-month period preceding the commission of the offense alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(B)    The remedies provided by this chapter are in addition to other remedies and penalties available under the laws of the State of California. [Ord. 4710 § 1, 2003].