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locations upon public property, or upon private property without written <br />consent of the owner or occupant of such private property. The provisions <br />of this Section shall not apply to the possession of broad-tipped markers <br />by a minor attending or traveling to or from a school at which the minor is <br />enrolled if the minor is participating is a class at the school that formally <br />requires the possession of broad-tipped markers. The burden of proof in <br />any prosecution for violation of the Section shall be upon the minor <br />student to establish the need to possess abroad-tipped marker. <br />Sec. ~9-~~10-223. Public access; Signage. <br />(a) Paints and Markers. Every person who owns, conducts, operates <br />or manages a retail commercial establishment selling aerosol containers, paint <br />sticks, glass etching solution, or broad-tipped markers pens*~s <br />..~;,.~ ~.,. „^,~ ,.,;+" ..,.,+^r .,~°~ ;+ ter;°~ shall store <br />r~ine~s~-~„te~e~s~e~° c+~- these items in an area ~~~°~~,~.:~"~ <br />continuously observable, through direct visual observation or surveillance <br />equipment, by, "~~Q~~~~"'~.~~- ^~ ~"'~^ ~^ +"° employees of the retail <br />establishment during the regular course of business <br />se~ta+r~e~s. In the event that a commercial retail establishment is unable to <br />store the aerosol paint containers, paint sticks, glass etching solution, or <br />broad-tipped markers in an area as provided above, the establishment shall <br />store the containers, sticks, and markers in an area not accessible to the <br />public without employee assistance. <br />(b) Etching Tools. Every person who owns, conducts, operates or <br />manages a retail commercial establishment selling masonry or glass drill bits, <br />carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes, <br />shall store or cause such items to be stored in an area viewable by, but not <br />accessible to, the public in the regular course of business without employee <br />assistance, pending legal sale or disposition of such items. <br />(c) Customer Signage. Every retail commercial establishment <br />selling graffiti implements shall post a sign in clear public view at or near <br />display of such products stating: "Pursuant to Penal Code Section 594.1, <br />place a sign in clear public view at or near the display of such products <br />stating: "Graffiti is against the law. Any person who defaces real or <br />personal property with paint or any other liquid or device is guilty of a <br />crime punishable by imprisonment of up to 6 months and/or a fine up to <br />$1000". <br />Ordinance No. NS-XXX <br />50A-6 Page 5 of 15 <br />