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Section 5. Sections 10-177, 10-178 and 10-178.1 of the Santa Ana Municipal Code are hereby re-designated as Sections 10-222, 10-223 and 10-223.1, urr' respectively, and amended such that they reads as follows: Sec. 10-222. Sale and Possession (a) Sale of Graffiti Implements to Minors. It shall be unlawful for any person, other than a parent or legal guardian, to sell exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, gum/paste/self- adhesive label or sticker, etching cream, spray actuator, or paint stick to anyone under the age of eighteen (18) years without the written consent of the parents or guardian of the minor, and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) Possession !n Designated Public Places. It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool, recreational facility or zoo or other public building or structure owned or operated by the City of Santa Ana, or while in or within fifty (50) feet of an underpass, bridge abutment, storm channel, or similar types of infrastructure unless otherwise authorized by the City. This section shall not apply to authorized employees of the City of Santa Ana or an individual or authorized employee of an individual, agency or company under contract with the City of Santa Ana. (c) Possession by Minors at or Near Schoo! Facilities. It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on school property, grounds, facilities, buildings, structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without written consent of the owner or occupant of such private property. The provisions of this Section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating is a class at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of the Section shall be upon the minor student to establish the need to possess abroad-tipped marker. Sec. 10-223. Public access; Signage. (a) Paints and Markers. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, paint sticks, glass etching solution, or broad-tipped markers shall store these items in an area continuously observable, through direct visual observation or surveillance Ordinance No. NS-2791 Page 4 of 13