Laguna Woods Municipal Code Ch. 6.30 Aerosol Paint Containers, Large Marker Pens, Paint Sticks and Etching Tools

In enacting this chapter, the City Council makes the following findings:

(1) Provisions of State law provide punishment for vandalism in the form of malicious defacing of property with paint, and prohibit the sale to or purchase by minors of aerosol paint containers capable of defacing property.

(2) Graffiti can be created not only by aerosol paint, but also by large marker pens, paint sticks and etching tools.

(3) Graffiti created by aerosol paint, large marker pens, paint sticks and etching tools continues to proliferate in the City due in substantial part to theft of aerosol paint containers, large marker pens, paint sticks and etching tools.

(4) Local deterrents to the availability for use of these graffiti implements are needed to supplement State law and inhibit the use of these graffiti implements for graffiti purposes.

(OCC § 5-3-315)

The following terms used in this chapter shall have the meaning herein set forth:

(05) Aerosol paint container means any aerosol container regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

(10) Etching tool means any tool designed for the purpose of scarring or inscribing glass, metal, concrete or wood.

(15) Large marker pen means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing anything other than a solution which can be removed with water after it dries.

(20) Paint stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch in width, visible from a distance of 20 feet, and not water soluble.

(OCC § 5-3-316)

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

(OCC § 5-3-317)

State Law reference— Aerosol paint cans and minors, Penal Code § 594.1.