Oakland Municipal Code Art. V Sale of Graffiti Implements to Minors

This Article states the City's restrictions on the sale of Graffiti Implements to Minors.

(Ord. No. 13146, § 1, 1-22-2013)

A. It is unlawful for any person, other than a parent or legal guardian, or for any firm, corporation or partnership doing business in the City to sell, give or in any way furnish, to a minor any aerosol paint containers, marker pens, and/or other Graffiti implements that are capable of defacing property without the consent of the minor's parent or legal guardian, which shall be given in advance. This Article is intended to apply only to commercial entities and not to public entities or entities that are tax-exempt pursuant to applicable sections of the Internal Revenue Code that provide art implements at no or nominal charge.

B. It is unlawful for any minor to have in his or her possession any aerosol paint container, marker pen, and/or other graffiti implements while: (1) upon public property, unless the minor is using the aerosol paint container, marker pen, and or other graffiti implement under the supervision of a parent, legal guardian, instructor/teacher, or employer; or (2) upon private property without the consent of the owner of such private property.

(Ord. No. 13146, § 1, 1-22-2013)

A. Any person engaged in the retail sale of aerosol paint containers and other liquid substances or markers capable of defacing property must display at the location of retail sale City-approved signs clearly visible and legible to employees and customers.

B. The City Administrator shall develop a form of sign that persons subject to this Chapter may use for compliance with this Article. This is "safe harbor" form and its proper use complies with this Article. However, nothing herein precludes the use of a sign form, so long as it provides the information required by this Article.

(Ord. No. 13146, § 1, 1-22-2013)

A. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers of any size or weight, or any marker pen with a marking tip one-half inch or more at its largest dimension that is capable of defacing property with permanent, indelible or waterproof ink, paint or other liquid, shall store or cause such aerosol paint containers or marker pens to be stored in an area continuously observable by employees of said retail commercial establishment during the regular course of business.

B. In the event a retail commercial establishment is unable to store such aerosol paint containers or marker pens in an area as provided in this section, as an alternative such aerosol paint containers or marker pens shall be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending the lawful sale or disposition of such aerosol paint containers or marker pens.

(Ord. No. 13146, § 1, 1-22-2013)

A. Any person, organization, company, firm or association who sells, displays or stores any graffiti implements in violation of the provisions of this section shall, to the extent permitted by law, be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by any person who used such graffiti implement in violation of this Article, and for all Costs, attorney's fees and court costs incurred in connection with the administrative or civil prosecution of any claim for damages or Costs.

B. Such person, organization, company, firm or association who sells, displays or stores any graffiti implements in violation of the provisions of this section shall be subject to administrative citation or civil penalty or cited for an infraction, for failing to comply with this Article irrespective of whether any of the violations are proven to have contributed to application of any Graffiti.

(Ord. No. 13146, § 1, 1-22-2013)