Sec. 9-20. - Sale of graffiti materials to minors.

(a)

It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, otherwise furnish, cause, or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, etching equipment, paint stick or graffiti stick to any person under the age of 18 years without the written consent of the parents or guardian of the person.

(b)

For purposes of this section, bona fide evidence of majority, identity of majority and identity of the person is a document issued by a federal, state, country, or municipal government, or subdivision or agency of them, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, 50 App. U.S.C. § 451 et seq. or an identification card issued to a member of the armed forces.

(c)

Proof that the defendant, or his employee or agent, demanded, was shown and acted in reliance upon bona fide evidence in any sale transaction forbidden by this article, shall be a defense to any criminal prosecution for that violation.

(d)

Any person who owns, manages or operates a place of business where aerosol containers of paint capable of defacing property are sold shall conspicuously post notice of this law in the place of business in letters at least three-eighths of an inch high.

(e)

Any person who owns, manages or operates a place of business where graffiti implements are sold shall display these items either:

(1)

In an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business; or

(2)

In an area not accessible to the public in the regular course of business without employee assistance.

(f)

Penalties.

(1)

Any person who sells, displays or stores, or permits the sale, display or storage of any graffiti implements in violation of the provisions of this article shall be fined not more than $100.00 for each offense.

(2)

Any person who sells, displays or stores, or permits the sale, display or storage of these products in violation of the provisions of this article shall be personally liable for all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such implements in violation of the provisions of this article, provided that possession of the graffiti implement used is proven to be the result of a specific sale, display or storage violation. Such liability shall not exceed $1,500.00.

(g)

The severability provision is intended to permit a court to strike a portion of this article that is over broad, vague or otherwise unconstitutional, while upholding the remainder of the article. Severability is intended throughout and within the provisions of this article. If any section, subsection, sentence, clause, phrase or portion of this article is held to be invalid or unconstitutional by a court of competent jurisdiction than that decision shall not affect the validity of the remaining portions of this article.

(Ch. 876, § IV, 5-16-23)