Article II — Aerosol Paint Containers

• A. It is unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol container of paint that is capable of defacing property without first obtaining bona fide evidence of majority and identity.

For purposes of this subdivision, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual which has been issued by a federal, state, or local governmental entity, and includes, but is 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.

This subsection shall not apply to the furnishing by a minor's parent, guardian, instructor, or employer, of six ounces or less of an aerosol container of paint to a minor for that minor's use or possession under the supervision of the minor's said parent, guardian, instructor, or employer.

• B. It is unlawful for any person under the age of 18 years to purchase an aerosol container of paint that is capable of defacing property.

• C. Every retailer selling or offering for sale in the city aerosol containers of paint capable of defacing property shall post in a conspicuous place a sign in letters at least three-eights of an inch high stating:

Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both.

• D. It is unlawful for any person to carry on his or her person and in plain view to the public an aerosol container of paint while in any posted public facility, park, playground, swimming pool, beach or recreational area, other than a highway, street, alley or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area.

As used in this subsection "posted" means a sign place in a reasonable location or locations stating it is an infraction to possess a spray can of paint in such public facility, park, playground, swimming pool, beach or recreational area without valid authorization.

• E. It is unlawful for any person under the age of 18 years to possess an aerosol container of paint for the purpose of defacing property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.

(Prior code § 14-B.30)