Pacifica Municipal Code Art. 1 Possession and Sale of Graffiti Implements to Minors

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Shall" is mandatory, and "may" is permissive.

(b) "City" shall mean the City of Pacifica.

(c) "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

(d) "Responsible adult" shall mean the parent or guardian or the agent of the parent or guardian of an individual under the age of eighteen (18) years.

(§ 1, Ord. 281-C.S., eff. November 12, 1980, as amended by § 1, Ord. 611-C.S., eff. March 16, 1994)

It shall be unlawful for any person to sell or give to any individual under the age of eighteen (18) years who is not accompanied by a responsible adult any aerosol container of paint or other liquid substance capable of defacing property.

(§ 1, Ord. 281-C.S., eff. November 12, 1980, as amended by § 1, Ord. 611-C.S., eff. March 16, 1994)

Any person engaged in the retail sale of aerosol containers of paint and liquid substances capable of defacing property shall display at the location of such retail sales a sign clearly visible and legible to employees and customers which states as follows:

"It is unlawful for any person to sell or give any individual under the age of 18 years, who is not accompanied by a responsible adult, any aerosol container of paint or other liquid substance capable of defacing property."

(§ 1, Ord. 281-C.S., eff. November 12, 1980, as amended by § 1, Ord. 611-C.S., eff. March 16, 1994)

It shall be unlawful for any individual under the age of eighteen (18) years, who is in a public place or upon private property without the 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.

(§ 1, Ord. 281-C-S., eff. November 12, 1980, as amended by § 1, Ord. 611-C.S., eff. March 16, 1994)

Any person who violates the provisions of this chapter shall be deemed guilty of an infraction and shall be punishable as set forth in Section 36900 of the Government Code of the State.

(§ 1, Ord. 281-C.S., eff. November 12, 1980, as amended by § 1, Ord. 611-C.S., eff. March 16, 1994)

If any section, subsection, phrase, or clause of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have passed this chapter, and each subsection, phrase, and clause thereof, irrespective of the fact that any one or more sections, subsections, clauses, or phrases be declared unconstitutional.

(§ 1, Ord. 281-C.S., eff. November 12, 1980, as amended by § 1, Ord. 611-C.S., eff. March 16, 1994)