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Sec. 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 shall store these items in <br />an area continuously observable, through direct visual observation or <br />surveillance equipment, by employees of the retail establishment during the <br />regular course of business. In the event that a commercial retail establishment is <br />unable to store the aerosol paint containers, paint sticks, glass etching solution, <br />or 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 public <br />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 selling <br />graffiti implements shall post a sign in clear public view at or near display of such <br />products stating: "Pursuant to Penal Code Section 594.1, place a sign in clear <br />public view at or near the display of such products stating: "Graffiti is against the <br />law. Any person who defaces real or personal property with paint or any other <br />liquid or device is guilty of a crime punishable by imprisonment of up to 6 months <br />and/or a fine up to $1000". <br />(d) Additional Signage. Every retail commercial establishment selling <br />graffiti implements shall place a sign in the direct view of such persons <br />responsible for accepting customer payment for graffiti implements stating: <br />"Selling spray paint, paint sticks, or broad-tipped markers to persons less than <br />eighteen (18) years of age is against the law and punishable by a fine of $1000". <br />Sec. 2-223.1. Graffiti Prohibited. <br />(a) Defacement. It shall be unlawful for any person to apply graffiti to <br />any natural or manmade surface on any public or private-owned property or, <br />without permission of the owner or occupant. <br />(b) Directing, Aiding and Abetting. It shall be unlawful for any person <br />to solicit or command another person to apply graffiti, or for any person to aid or <br />abet or agree to aid or abet another person to plan to apply or apply graffiti. <br />Ordinance No. NS-XXX <br />11 A-5 Page 5 of 13 <br />