La Habra Municipal Code Ch. 9.58 Restricted Access to Aerosol Spray Paint and Marker Pens/Purchase And…

No person shall have in his or her possession any aerosol spray paint container having any substance commonly known as paint or dye, or marker pens with tips exceeding four millimeters in width, while in any public park, playground, swimming pool, recreational facility or other public building owned or operated by the city of La Habra, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar type of infrastructures not normally used by the public. This does not apply to authorized employees of the city, nor authorized employees of an individual or company under contract with the city which requires the use of such materials.

(Ord. 1450 § 1, 1993)

No person shall have in his or her possession any aerosol spray paint container having any substance commonly known as paint or dye while on any school property, grounds, facilities, buildings or structures, nor in the areas immediately adjacent to these specified locations. This does not apply to authorized employees of the school, nor authorized employees of an individual or company under contract with the school which requires the use of such materials.

(Ord. 1450 § 1, 1993)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint containers or marker pens shall cause aerosol spray paint containers and/or marker pens, to be stored in an area viewable by, but not accessible to, the public without employee assistance, pending legal sale or disposition of such containers or marker pens.

(Ord. 1450 § 1, 1993)

No person may sell aerosol spray paint or marker pens with tips exceeding three-eighths of an inch in width to any person under eighteen years of age.

(Ord. 1465 § 2, 1993)

A. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint, dye or polish containers, or marker pens with tips exceeding three-eighths of an inch in width, containing anything other than a solution which can be removed with water after such solution dries, shall place a sign in clear public view at or near the display of such products stating:

"GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO ONE YEAR AND A FINE OF UP TO $1,000.00."

B. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint, dye or polish containers, or marker pens with tips exceeding three-eighths of an inch in width, containing anything other than a solution which can be removed with water after such solution dries, shall also place a sign in the direct view of such person or persons responsible for accepting customer payment for such containers or marker pens stating:

"IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR WIDETIPPED MARKERS TO PERSONS UNDER 18 YEARS OF AGE IN THE CITY OF LA HABRA. PUNISHMENT CAN BE A FINE OF $1,000.00 OR ONE YEAR IN JAIL."

C. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint, dye or polish containers, or marker pens with tips exceeding three-eighths of an inch in width, containing anything other than a solution which can be removed with water after such solution dries, shall assure, through placement of displays, workstations, mirrors or other arrangements or devices, that those products defined and described in this section can be easily and readily observed by retail establishment personnel during all times such establishment is open to the public.

D. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint, dye or polish containers, or marker pens with tips exceeding three-eighths of an inch in width, and who chooses not to comply with the signage and line-of-sight display requirements set forth in subsection C of this section shall be required to display such paint or markers in such a manner as to make them inaccessible to a customer present in an area allocated for customer use without assistance from an employee of that establishment.

(Ord. 1465 § 2, 1993)

A. Every retail establishment offering for sale aerosol spray paint or marker pens with tips exceeding three-eighths of an inch in width shall be required to hold a current municipal license for the sale of such products. Such license will be issued, upon application, by owner of retail establishment for an annual fee as established by city council resolution.

B. Such licenses will be maintained at the retail establishment and, on demand, presented for inspection to the municipal officer responsible for enforcing retail ordinances in the city. Such licenses will be renewable on the anniversary of issuance.

(Ord. 1465 § 2, 1993)

Any person, firm, or corporation violating this section shall forfeit upon conviction up to five hundred dollars for each offense, and in default of payment shall be imprisoned for a period not to exceed twenty days or until such forfeiture costs are paid. In the case of multiple or repeated violations of this section, retail establishments may be required by the city to show cause why the retail license for the sale of aerosol spray paint and certain markers should not be terminated or suspended by the city.

(Ord. 1465 § 2, 1993)