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Graffiti Tools

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LOS ANGELES COUNTY, CALIFORNIA

LOS ANGELES COUNTY CODE

13.12.050. Possession of graffiti implements prohibited in designated public places

It is unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building owned or operated by the county or while in or within 100 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the county. (Ord. 93-0072 1 (part), 1993.)

13.12.060. Limiting access to graffiti implements -- Furnishing to minors prohibited

It is 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 graffiti implement to any minor without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing. (Ord. 93-0072 1 (part), 1993.)

13.12.070. Display for sale -- Requirements

A. Every person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements shall display and store or cause such implements to be displayed and stored in areas which may be viewable by, but shall not be accessible to the public without employee assistance, pending legal sale or disposition of such implements.

B. Violation of this section is a misdemeanor punishable by a fine not to exceed $500.00, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

C. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores, or permits the display or storage, of any graffiti implement in violation of the provisions of this section shall be personally liable for any and 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 wrongfully displayed or stored graffiti implement in violation of the provisions of any of the sections of this chapter. (Ord. 93-0072 1 (part), 1993.)

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DENVER, COLORADO

TITLE II REVISED MUNICIPAL CODE

Chapter 34 MINORS

ARTICLE IV. OFFENSES BY MINORS  

Sec. 34-66. Possession of graffiti materials by minors prohibited

(a) It shall be unlawful for any person under the age of eighteen (18) years to possess any can of spray paint, broad tipped marker pen, glass cutting tool, or glass etching tool or instrument.

(b) A broad tipped marker pen is one with a tip that exceeds one-quarter (1/4) inch in width.

(c) It shall be an affirmative defense to charges under this section that the person possessing the materials was:

(1) Within their home;

(2) At their place of employment; or

(3) Upon real property with permission from the owner, occupant, or person having lawful control of such property, to possess such materials.  (Ord. No. 424-95, 1, 6-12-95)

TITLE II REVISED MUNICIPAL CODE

Chapter 38 OFFENSES, MISCELLANEOUS PROVISIONS*

ARTICLE IV. OFFENSES AGAINST PUBLIC ORDER AND SAFETY*

DIVISION 1. GENERALLY

Sec. 38-102. Possession of graffiti materials prohibited

(a) It shall be unlawful for any person to possess graffiti materials.

(b) A person possesses graffiti materials when they possess any paint, marking pen, materials, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they intend to use the thing possessed in the commission of such offense, or know that some other person intends to use the thing possessed in the commission of such an offense.

(c) Defacing as used in subsection (b) above shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching or scribbling upon any wall or surface owned, operated or maintained by any person or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching or scribbling.  (Ord. No. 424-95, 2, 6-12-95)

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DADE COUNTY, FLORIDA 

CODE of METROPOLITAN DADE COUNTY, FLORIDA Codified through Ord. No. 97-198, adopted November 4, 1997. (Supplement No. 22)

PART III CODE OF ORDINANCES

Chapter 21 OFFENSES AND MISCELLANEOUS PROVISIONS

ARTICLE IV. MISCELLANEOUS

Sec. 21-30.01. Graffiti

(e) Possession of spray paint and markers.

(1) Possession of spray paint and markers with intent to make graffiti is prohibited. No person shall carry an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of subsection (c)(1).

(2) Possession of spray paint and markers by minors on public property prohibited. No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any public property, highway, street, alley or way except in the company of a supervising adult.

(3) Possession of spray paint and markers by minors on private property prohibited without consent of owner. No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any private property unless the owner, agent, or manager, or person in possession of the property knows of the minor’s possession of the aerosol container or marker and has consented to the minor’s possession while on his or her property.

(4) Any person violating this subsection (e)(1), (2) or (3) shall be punished by a fine of two hundred and fifty dollars ($250.00) for a first offense, and five hundred dollars ($500.00) for a second offense and one thousand dollars ($1,000.00) for each subsequent offense, or by imprisonment in the County Jail for a term not to exceed sixty (60) days, or by both fine and imprisonment in the discretion of the court.

(I) In the case of a minor, the parents or legal guardian shall be responsible for payment of all fines.

(II) Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents or legal guardian’s property to include the fine and administrative costs.

(5) In addition to any punishment, the court shall order any person found in violation of subsection (e)(1), (2) or (3) to make restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense in a reasonable amount or manner to be determined by the court.

(I) Where the defendant is a minor, the parent or legal guardian shall be jointly and severably liable with the minor to make such restitution.

(6) In addition to any punishment listed in subsection (e)(5) or restitution ordered under subsection (e)(6), the court shall order any person found in violation of subsection (e)(1), (2), or (3) to perform monitored community service in the removal of graffiti of not less than forty (40) hours and not more than one hundred (100) hours.

(f) Storage and sale of spray paint and markers.

(1) Sale to minors prohibited. No person or firm shall sell or cause to be sold to any person under the age of eighteen (18) years, and no person under the age of eighteen (18) years shall buy any aerosol container of spray paint or broad-tipped indelible markers. Evidence that a person, his or her employee, or agent demanded and was shown bona fide evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution thereof.

(2) Display or spray paint and markers. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paint or broad-tipped indelible markers shall:

(I) Place a sign in clear public view at or near the display of such products stating:

"GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO 60 DAYS AND/OR A FINE UP TO $1,000.00."

(II) Place a sign in the direct view of such persons responsible for accepting customer payment for aerosol containers of spray paint or broad-tipped indelible markers.

"IT IS A VIOLATION OF THE LAW TO SELL AEROSOL CONTAINERS OF SPRAY PAINT OR BROAD-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE PUNISHABLE BY A CIVIL FINE OF $100.00."

(III) Store or cause such aerosol containers or marker pens to be stored either (a) in the direct line of sight from the cash-register work station or any other work station that is normally continuously occupied while the store is open, or (b) in a place not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(3)  Violation of subsection (f)(1) or (2) shall result in a civil penalty of one hundred dollars ($100.00) for a first offense and two hundred dollars ($200.00) for subsequent offenses. When three (3) violations of subsection (f)(1) or (2) occur within any calendar year at a commercial establishment, that establishment shall be subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-tipped indelible markers for a period up to two (2) years. Violation of such injunction shall be punished by a fine of one hundred dollars ($100.00) per day of violation in addition to any other penalties levied by the Court. Failure to make payment of fines will be subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-tip indelible markers until payment of the fine, attorney’s fees and costs.

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HIALEAH GARDENS, FLORIDA

CODE OF ORDINANCES CITY OF HIALEAH GARDENS, FLORIDA

PART II CODE OF ORDINANCES

Chapter 34 MISCELLANEOUS OFFENSES

Sec. 34-3. Graffiti.

(a) No person shall write, paint, or draw any inscription, figure, or mark of any type on any public or private building or other real or personal property owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof, or by any person, unless the express permission of the owner or operator of the property has been obtained.

(b) No person shall carry an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of subsection (a) of this section. For the purpose of this section, the term "broad-tipped indelible marker" means any felt-tipped marker, or similar implement, which contains a fluid which is not water soluble and which has a flat or angled writing surface one-quarter inch or greater.

(c) No person shall sell an aerosol spray paint can or broad-tipped indelible marker to a minor with the intent to violate the provisions of subsection (a) of this section.

(d) No person shall purchase an aerosol spray paint can or broad-tipped indelible marker for a minor for the purpose of violating the provisions of subsections (a) and (b) of this section.

(e) No minor shall be in possession of an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of subsection (a) of this section. For the purpose of this section, the term "minor" means persons who are under 18 years of age.

(f) In addition to any punishment for violation of this section, the court may order the defendant to make restitution to the victim for damage or loss caused directly, or indirectly, by the defendant’s offense in a reasonable amount or manner to be determined by the court. Where the defendant is a minor, the court may order the parent or legal guardian of such minor to make such restitution.

(g) In addition to any punishment provided for violation of this section, the court may in its discretion order the defendant to perform monitored community service.

(j) Any person convicted of violating the provisions of this section, or any part thereof, shall be punished by a fine of not more than $250.00 for a first offense, and of not more than $500.00 for a second or subsequent offense, or by imprisonment in the county jail for a term not to exceed 60 days, or by both such fine and imprisonment in the discretion of the court. Where a minor is found to have violated subsection (a), (b), (c) and/or (d) of this section, the fine imposed by this subsection shall be assessed against such minor’s parent or legal guardian.  (Ord. No. 90-41, 1, 3, 9-3-91)

State law reference(s)--Graffiti prohibited, F.S. 806.13.

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CHICAGO RIDGE,  ILLINOIS

Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS*

ARTICLE III. OFFENSES AGAINST PROPERTY

DIVISION 3. GRAFFITI

Sec. 50-109. Possession of implements or materials with intent to violate sections 50-107 and 50-108  

It shall be unlawful for any person to possess spray paint containers, paint, ink, marking pens which contain a non-water-soluble fluid, brushes, applicator or other materials for marking, scratching or etching with the intent to use such materials to violate sections 50-107 and 50-108.  (Code 1978, 10-3-19(C))

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ALBUQUERQUE, NEW MEXICO

CHAPTER 12: CRIMINAL CODE\ARTICLE 4: OFFENSES RELATING TO MORALS

 12-4-15.  SALE AND DISPLAY OF AEROSOL SPRAY PAINT

(1) At or near the aerosol spray paint display, in clear public view, a sign stating:  "GRAFFITI IS A CRIME.  THE DEFACING OF PUBLIC OR PRIVATE PROPERTY IS PUNISHABLE BY A FINE OR IMPRISONMENT";

(2) At or near the aerosol spray paint display, in clear public view, a sign stating:  "NO SPRAY PAINT SOLD TO MINORS.  SELLING SPRAY PAINT TO OR PURCHASE OF SPRAY PAINT BY PERSONS UNDER 18 YEARS OF AGE IS AGAINST THE LAW.  VIOLATORS CAN BE FINED UP TO $500 OR IMPRISONED FOR UP TO 90 DAYS"; and

(3) At each cash register or other point of customer payment, in clear view of the person accepting customer payment, a sign stating:  "NO SPRAY PAINT SOLD TO MINORS.  THE LAW FORBIDS SELLING SPRAY PAINT TO PERSONS UNDER 18 YEARS OF AGE.  WHEN IN DOUBT, ASK FOR PROOF OF AGE.  ACCEPT ONLY IDENTIFICATION ISSUED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT."

(74 Code, 12-1-4-16) (Ord. 96-1973; Am. Ord. 32-1981; Am. Ord. 52-1995)  Penalty, see 12-1-99

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OKLAHOMA CITY, OKLAHOMA

ARTICLE VII.  PROHIBITION OF SALE OR POSSESSION OF AEROSOL SPRAY AND INDELIBLE MARKERS TO OR BY MINORS

35-200. Spray paint restrictions for minors

(a) Prohibited conduct:

(1) No person shall sell to any person under the age of 18 years and no minor shall buy any spray paint capable of defacing property unless such minor is accompanied by a parent or a guardian.

(2) No person shall sell or offer for sale any spray paint without requiring the purchaser to provide bona fide evidence of majority and identity.

(3) No person or firm may sell, deliver or give or cause to be sold, delivered or given to any person under the age of 18 years, and no person under the age of 18 years may buy any aerosol spray paint container or broad-tipped indelible markers. Evidence that a person, his or her employee, or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction of sale shall be a defense to any prosecution under this subsection.

(b) All persons who own, manage or operate a place of business wherein spray paint capable of defacing property is sold shall conspicuously post at the place of display of the spray paint for sale and at the place of sale (cash register) a sign in letters at least one-half inch in height which states, "Spray Paint Shall Not Be Sold To Minors."

(c) Any person who is 18 years or older who shall give, trade, or otherwise provide to any minor any spray paint used in the actual application of graffiti or defacement of property shall be guilty of a class "a" offense and shall upon conviction be punished as set out in section 1-6 of this Code. This subsection does not apply to the transfer of an aerosol spray paint container or broad-tipped indelible marker from a parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for proper purpose.

(Ord. No. 21165, 1, 11-10-98)

35-201. Prohibition on possession of aerosol spray paint by minors

No person under the age of 18 years may possess an aerosol spray paint container or broad-tipped indelible marker on any public property unless accompanied by a parent, guardian, employer, teacher or other adult in any similar relationship and such possession is for a lawful purpose.

(Ord. No. 21165, 1, 11-10-98)

35-202. Possession of aerosol spray paint container or broad-tipped indelible marker on private property prohibited without consent of property owner

No person may possess an aerosol spray paint container or broad-tipped indelible marker on any private property unless the owner, agent, manager, or other person having control of the property consented to the presence of the aerosol spray paint container or broad-tipped indelible marker.

(Ord. No. 21165, 1, 11-10-98)


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