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HomeMy WebLinkAbout05976ORDINANCE NO. 5976 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE CODE OF ORDINANCES REGULATING THE SALE OF SPRAY PAINT AND JUMBO INDELIBLE MARKERS TO AND POSSESSION OF SPRAY PAINT AND JUMBO INDELIBLE MARKERS BY MINORS AND PROVIDING PENALTIES THEREFOR WHEREAS, the indiscriminate use and application of spray paint and jumbo indelible markers may cause and contribute to vandalism and damage to property, and WHEREAS, the regulation of spray paint and jumbo indelible markers and the sale thereof to minors would substantially reduce graffiti and attendant vandalism and damage to property, WHEREAS, the regulation of spray paint and jumbo indelible markers and prohibiting the sale thereof to minors will be in the interest of the public health, safety and general welfare and diminish the undesirable impact of graffiti; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Chapter 1 of Title XI of the Code of Ordinances is hereby amended by the addition of the following new section: 11 -1 -706 REGULATION OF SPRAY PAINT AND JUMBO INDELIBLE MARKERS W Definitions. "SpraXpaint" means paint in the form of a fine solid or a mixture of pigment and suitable liquid within a pressurized container which dispenses or disburses the paint as a spray. "Minor" means my person under the age of eighteen 18) years. "Required warning" means a printed card with a minimum height of fourteen inches and a width of eleven inches, with letterini at lest one -half inches in height which states as follows: "WARNING: IT IS ILLEGAL TO SELL OR DISTRIBUTE SPRAY PAINT OR JUMBO INDELIBLE MARKERS TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OR FOR ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE SAME. IT IS ILLEGAL IF YOU ARE OVER EIGHTEEN YEARS OF AGE FOR YOU TO PURCHASE SPRAY PAINT OR JUMBO INDELIBLE MARKERS FOR A PERSON UNDER EIGHTEEN YEARS OF AGE. FINES MAY BE IMPOSED FOR VIOLATION OF THESE PROVISIONS." Q "Jumbo indelible marker" means a container or device more than five inches in length containing a liquid or mixture of liquid and solid designed for or capable of making marks which cannot easily be removed. Q Every person engaged in whole or in part in the business of selling at retail sl2ray_paint or jumbo indelible markers shall prominently display the required warning at all places where spray paint or jumbo indelible markers are sold. Unlawful Conduct. W It shall be unlawful and a Class 2 municipal offense for any person knowingly to sell, loan or furnish any spray paint or jumbo indelible marker to any minor. a It shall be unlawful and a Class 2 municipal offense for any minor to buy or carry on his or her person my pray paint or jumbo indelible marker. It shall be unlawful and a Class 2 municipal offense for any person engaged in whole or in part in the business of selling at retail spray paint or jumbo indelible markers not to prominently display the required warning. Q Nothing in this subsection 3 shall prevent any minor from carrying, possessing, using or applying my spray paint or jumbo indelible marker under the direct supervision of such minor's parent. guardian, or teacher. SECTION 2 Any person found guilty of violating any provision of this Ordinance declared to be a municipal offense shall be punished as provided by § 11 -1 -103 of the Code of Ordinances, as amended. -2- SECTION 3 This Ordinance shall become effective October 1, 1995. INTRODUCED: May 22 5 1995 ATTEST: By John Califano Councilperson APPROVED: President of the City Council -3-