9.50.040 Limiting access to graffiti implements.
(A) The sale, purchase, manufacture, possession, exchange or use of any graffiti implement, except as provided by this chapter, is unlawful.
(B) No person other than a parent or legal guardian shall sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to any person under the age of 18 years. For sales of graffiti implements to persons 18 years or older, the sales must only be to persons who have provided identification and proof of compliance with the requirements of this chapter.
(C) Every merchant shall maintain a record of every sale, exchange, or transfer of every graffiti implement. The record shall include the following information:
(1) Name, address, and age of the person or persons purchasing or otherwise taking possession of the graffiti implement;
(2) Driver’s license number or number of other record of photo identification, such as a passport card number, identifying the person or persons purchasing or otherwise taking possession of the graffiti implement; and
(3) Date of purchase and a description of the type, brand, quantity, and color of the graffiti implement.
(D) Records of sale as required by subsection (C) of this section shall be maintained for a period of three years from date of sale. The records along with records of purchase and delivery of graffiti implements to the merchant for purposes of resale shall be made available for inspection by the City upon request.
(E) Evidence that a person, his or her employee, or agent demanded and was shown government issued identification bearing a photograph and birth date of the person or persons purchasing or otherwise taking possession of the graffiti implement and reasonably acted upon the identification in a transaction or sale shall be a defense to any prosecution under this section.
(F) This section does not apply to the transfer of graffiti implements from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when the transfer is for a lawful purpose.
(G) A violation of this section is a Class 1 misdemeanor punishable pursuant to the City Code. A first offense shall be subject to a fine of not less than $500.00. A second offense within any 24-month period shall be subject to a fine of not less than $1,000. A third and subsequent offense within any 24-month period shall be subject to a fine of not less than $1,500. (Ord. 220 § 4, passed 1-26-2005; Ord. 287 § 1, passed 9-8-2010. Code 2012 §§ 91.38, 91.99(C)(2).)