San Bruno Municipal Code Ch. 6.32 Aerosol Paint Container Regulations

The city council finds and declares as follows:

A. The defacement of property in the city by graffiti is a blight on the community, requiring positive steps for its elimination.

B. Paint and other liquid solutions in aerosol cans and other containers and forms are capable of, and known to be much used by minors for defacing property in writing, drawing, or otherwise inscribing graffiti thereon.

C. Section 594.5 of the Penal Code authorizes local regulation of the sale of aerosol containers capable of defacing property.

(Prior code § 16-8.1; Ord. 1377 § 1, 1981; Ord. 1897 § 3, 2021)

No person shall sell, furnish, or give to any minor any aerosol container of paint or other liquid substance capable of defacing property unless such minor is accompanied by his or her parent, legal guardian, or other person having authority for the custody or control of the minor.

(Prior code § 16-8.2; Ord. 1377 § 1, 1981; Ord. 1897 § 3, 2021)

No person engaged in the retail sale of aerosol containers of paint and other liquid substances capable of defacing property shall sell any such containers or substances unless there is displayed at the location of such retail sale a sign clearly visible and legible to employees and customers and posted in a conspicuous place, which states as follows:

"It is unlawful for any person to sell, give, or furnish to minors unaccompanied by parent, guardian, or person having custody of them, any aerosol container of paint or other liquid substance capable of defacing property."

(Prior code § 16-8.3; Ord. 1377 § 1, 1981; Ord. 1897 § 3, 2021)

No minor shall possess an aerosol container of paint or other liquid substance capable of defacing property in a public place, or upon private property without the consent of the owner, tenant, or authorized agent of such private property, unless such minor is accompanied by his or her parent, legal guardian, or other person having authority for the custody or control of the minor.

(Prior code § 16-8.4; Ord. 1377 § 1, 1981; Ord. 1897 § 3, 2021)

A. Proof that the defendant, or his or her employee or agent, demanded and was shown and acted in reliance, upon bona fide evidence of majority status in any sale transaction prohibited by this chapter shall be a defense to any criminal prosecution under Section 6.32.020.

B. For purposes herein, bona fide evidence of majority and identity of the person is 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.

(Prior code § 16-8.5; Ord. 1377 § 1, 1981; Ord. 1897 § 3, 2021)

Any person violating the provisions of this chapter shall be guilty of an infraction and shall be punished as provided in Section 1.28.010 of this code.

(Prior code § 16-8.6; Ord. 1377 § 1, 1981; Ord. 1897 § 3, 2021)