§ 50-125. Defacing property with aerosol paint and like materials.

(a)

No person shall willfully injure, deface or otherwise damage a public or privately owned building, fence, wall, dumpster, trash receptacle, vehicle, embankment, house, sign, shelter, enclosure, any paved surface including sidewalks, streets, and parking lots, or other real or personal property of another through application of aerosol paint. Provided, however, this provision shall not prohibit the owner from undertaking such act or authorizing such act, unless otherwise prohibited by law.

(b)

No minor shall purchase or possess without adult supervision aerosol paint.

(c)

Every parent, guardian or other person (including wholesale and retail establishments selling aerosol paint) having lawful physical custody, right to control or ability to prevent a minor person as hereinafter defined, and having a present reasonable ability to restrain, control or thwart a minor from purchasing aerosol paint shall be guilty of violation of this section. Any such parent, guardian or other person having reasonable opportunity to require a person or minor convicted of violation of this section and paroled by the court for the performance of parole conditions, and wrongfully fails or neglects to take such available reasonable measures to ensure such compliance in obedience with the terms of such parole shall be guilty of violation of this section.

(d)

Every parent, guardian or other person having lawful physical custody or right to control a minor person as hereinafter defined, and having a present reasonable ability to restrain, control or thwart a minor from committing such prohibited defacement of a building as herein prohibited, shall be guilty of violation of this section. Any such parent, guardian or other person having reasonable opportunity to require a person or minor convicted of violation of this section and paroled by the court for the performance of parole conditions, and wrongfully fails or neglects to take such available reasonable measures to ensure such compliance in obedience with the terms of such parole shall be guilty of violation of this section.

(e)

As used herein the term "minor" shall have the same meaning as is defined in relation to the criminal laws of the state.

(f)

Upon conviction of violation of this section, punishment shall be imposed by a fine of not less than $500.00 nor more than $1,000.00, or imprisonment for not more than 120 days, or by both such fine and imprisonment; provided further, the sentencing court may suspend imposition of judgment or sentence upon parole for the successful performance of supervised community public service of not less than 90 hours.

(Ord. No. 940942, § 1(26.15.1), 7-28-94; Ord. No. 030810, § 2, 7-24-03)