Daly City Municipal Code Ch. 9.48 Defacement of Public and Private Property

For the purpose of this chapter the following words shall have the meanings as hereinafter set forth:

A. "Defacement" as used in this chapter means the intentional altering of the physical shape or physical appearance of property.

B. "Responsible adult" is the parent or guardian or the agent of the parent or guardian of an individual under the age of eighteen years.

(Ord. 1051 § 1 (part), 1986: Ord. 907 § 1, 1980: prior code § 19-33)

It shall be unlawful for any person to intentionally deface, alter, change, destroy, mutilate, remove, take down or take away any public property or any private property without the consent of the owner of such private property. A mistake as to the private property owner's identity shall not be a defense to a violation of this section.

(Ord. 1051 § 1 (part), 1986: Ord. 907 § 2, 1980: prior code § 19-34)

It is unlawful for any person or any owner or proprietor of any place of business or any agent, servant or employee of any owner or proprietor of any place of business to sell or give to any person under the age of eighteen years any aerosol container of paint or other liquid substance capable of defacing property.

(Ord. 1051 § 1 (part), 1986)

Any person engaged in the retail sale of aerosol containers of paint and other liquid substances capable of defacing property must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows: "It is unlawful for any person to sell or give to any individual under the age of eighteen years, who is not accompanied by a responsible adult, any aerosol container of paint or other liquid substance capable of defacing property."

(Ord. 1051 § 1 (part), 1986)

A. It is unlawful for any person who owns, conducts, operates or manages a retail commercial establishment where aerosol paint containers or marker pens are sold to store or display, or cause to be stored or displayed, such spray paint containers and marker pens in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.

B. Nothing in this section shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance.

(Ord. 1215 § 1, 1995)

It is unlawful for any individual under the age of eighteen years, who is in a public place or upon private property without consent of the owner or tenant thereof, and who is not accompanied by a responsible adult, to possess an aerosol container of paint or other liquid substance capable of defacing property.

(Ord. 1051 § 1 (part), 1986)