Hawthorne Municipal Code Ch. 5.84 Sale and Possession of Aerosol Paint and Dye

A. No person shall sell or cause to be sold to any person under the age of eighteen years any aerosol container of paint (as defined in Chapter 8.22.020), indelible ink felt tip markers (as defined in Chapter 8.22.020), or glass etching cream (as defined in Chapter 8.22.020) capable of defacing property. For the purposes of this section, any aerosol container of paint or dye, indelible ink felt tip marker, or glass etching cream or other liquid, shall be deemed "capable of defacing property" if, when applied to any surface, it leaves an opaque and insoluble residue which cannot be removed by ordinary application of soap and water.

B. For the purposes of this section, bona fide evidence of majority and identity of the persons shall mean a document issued by a federal, state, county or municipal government or subdivision or agency thereof, including but 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. Proof that the defendant, or his employee or agent, demanded, was shown and acted in reliance upon such bona fide evidence in any sale transaction forbidden hereby shall be a defense to any criminal prosecution thereof.

C. Any person who owns, manages or operates a place of business wherein aerosol containers of paint, indelible ink felt tip markers, or glass etching cream capable of defacing property are sold shall conspicuously post a copy of subsection (A) in such a place of business in letters at least three-eights of an inch high.

(Ord. 1548 § 2, 1993.; Ord. 1723 §§ 1, 2, 2001; Ord. 1918 §§ 1, 2, 2008)

No person shall have in his or her possession any aerosol container of paint, indelible ink felt tip marker, or glass etching cream, capable of defacing property while in any public park, playground, swimming pool, recreation facility, public building or other public place (other than highway, street or alley), except authorized employees or agents of the city or person having the authorization of the city. Nothing in this section shall be deemed to prohibit the possession of an aerosol container of paint, indelible ink felt tip marker, or glass etching cream, capable of defacing property on the property of any school as defined by the education code, by a teacher or authorized agent of such a school or any other person under the direct supervision and control of a teacher of such a school.

(Ord. 1548 § 2, 1993.; Ord. 1723 §§ 3, 4, 2001; Ord. 1918 § 3, 2008)

No person under the age of eighteen years shall have in his or her possession any aerosol container of paint, indelible ink felt tip marker, or glass etching cream capable of defacing property while on any public highway, street, alley or way unless such person is accompanied by a parent or guardian.

(Ord. 1548 § 2, 1993.; Ord. 1723 §§ 5, 6, 2001; Ord. 1918 § 4, 2008)

Any business or establishment offering for sale to the public aerosol spray paint cans of containers of eighteen ounces or less or glass etching cream shall keep, store and maintain such aerosol spray paint cans or containers in a place that is locked and secured, or otherwise made unavailable to the public.

(Ord. 1548 § 2, 1993.; Ord. 1723 §§ 7, 8, 2001)