Wasco Municipal Code Ch. 9.28 Display of Aerosol Paint Containers

Sections: 9.28.010 Display restricted. 9.28.020 Selling to minors. 9.28.030 Violation--Penalty. 9.28.040 Violation--Liability. 9.28.050 Chapter limitations.

No person, firm or entity engaged in a commercial enterprise ("seller") shall display any aerosol paint container for sale, trade or exchange, nor shall store any aerosol paint container pending display for sale or pending sale, except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying aerosol paint containers for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. (Ord. 396 §1, 1994).

It is unlawful for any person to sell, exchange, give, loan or otherwise furnish or cause or permit to be sold, exchanged, given, loaned or otherwise furnished any aerosol paint container to any person under the age of eighteen years, without the consent of the parent or other lawfully designated custodian of the person, which consent shall be given in person. (Ord. 396 §2, 1994).

Any and all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the city attorney. It is further understood that financial parental responsibility for any acts of vandalism shall be strictly enforced. (Ord. 396 §3, 1994).

A. Any person who violates the provisions of Penal Code 594.1 or who violates the provisions of this chapter shall be personally liable for any and all costs to any person incurred by said person in conjunction with the repair of any property caused by the aerosol paint container, and for all attorney fees and court costs incurred in conjunction with the civil prosecution of any claim for damages, not to exceed, in total, ten thousand dollars.

B. Any person who displays an aerosol spray container in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the repair of any property caused by a person who uses such aerosol spray container in violation of the provisions of California Penal Code Section 594, and for all attorney fees and court costs in connection with the civil prosecution of any claim for damages, not to exceed one thousand five hundred dollars. (Ord. 396 §§4, 5, 1994).

This chapter is not intended to supersede any provision of the Penal Code of the state of California. (Ord. 396 §6, 1994).