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.
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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
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