Santa Maria Municipal Code Ch. 6-7 Sale of Graffiti Tools

No person may sell or give aerosol paint or a marker pen with a tip exceeding three-eighths (3/8) of an inch in width to any person under the age of 18.

(Ord. 93-30, eff. 01/06/94)

(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 (3/8) of an inch in width shall place a sign in clear public view at, on or near the display of each such product stating:

"GRAFFITI IS A CRIME. ANY PERSON DEFACING PROPERTY WITH PAINT OR OTHER DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO Six MONTHS AND A $1,000 FINE PER INCIDENT."

(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 (3/8) of an inch in width shall place a sign in the direct view of every person who will be responsible for accepting customer payment for such containers or marking pens stating:

"IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER Eighteen YEARS OF AGE IN THE CITY OF SANTA MARIA. PUNISHMENT FOR THIS CRIME CAN BE UP TO Six MONTHS IN JAIL AND A $1,000 FINE PER SALE."

(Ord. 93-30, eff. 01/06/94)

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 (3/8) of an inch in width, 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, or 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. 93-30, eff. 01/06/94)

(a) Absent the permission by the real property owner or other person having control thereof, it shall be unlawful for any person to possess aerosol spray paint, liquid paint, liquid dye or polish containers or marker pens with tips exceeding three-eighths (3/8) or an inch in width, in any public building or upon any public facility or private property.

(b) Absent being under the express supervision of their parent, guardian or other adult person acting in "Loco Parentis" it shall be unlawful for any person under the age of 18 to possess aerosol spray paint or markers with tips in excess of three-eighths (3/8) of an inch in width.

(Ord. 93-30, eff. 01/06/94)

It is unlawful for any person to aid or abet any person under the age of 18 years in the purchase or obtaining of any aerosol spray paint or of marker pens with tips exceeding three-eighths (3/8) of an inch in width.

(Ord. 93-30, eff. 01/06/94)

Any violation of this chapter shall be punishable as a misdemeanor as set forth in Section 1-6.01 of the Municipal Code.

(Ord. 93-30, eff. 01/06/94)