A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker, graffiti stick, or graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.

B. Wrongful Display for Sale. No person, firm or entity engaged in a commercial enterprise (“seller”) shall display for sale, trade or exchange any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying a graffiti implement 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.

C. Wrongful Storage. No person shall store any graffiti implement except in either: (1) a completely enclosed room which shall, at all times except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in 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 the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner.

D. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores a graffiti implement 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 removal of graffiti, or the repair of any property containing graffiti, caused by any person who shall use such graffiti implement in violation of the provisions of California Penal Code Section 594, and for all attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages, not to exceed $1,500. (Ord. 2997 § 1, 2005; Ord. 2865 § 1, 2002; Ord. 2496 § 1, 1992; Ord. 2473 § 1, 1991; Ord. 2470 §§ 3 – 6, 1991; Ord. 2464 § 1, 1991; Ord. 2454 § 3, 1991; Ord. 2337 § 2, 1989; Ord. 1924 § 1, 1980).