City of Albuquerque - Eleventh Council
ORDINANCE
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Amending Section 12-4-15 ROA 1994, SALE AND DISPLAY OF AEROSOL SPRAY CANS
SECTION 1. Section 12-4-15 ROA 1994 is amended to read:
"Section 12-4-15 SALE AND DISPLAY OF AEROSOL SPRAY PAINT"
(A) No person other than a parent, guardian or other adult person acting in their place shall sell or otherwise provide aerosol spray paint to any person under 18 years of age and no person under the age of 18 years shall buy or attempt to buy any aerosol spray paint. A New Mexico driver's license, an identification card issued to a member of the Armed Forces, or an identity card issued pursuant to Section 60-10-17 NMSA 1978 shall be prima facie proof of age.
(B) Every person who owns, manages or operates a place of business selling aerosol spray paint shall store or cause such spray paint to be stored either:
- in the line of sight of one or more work stations that are normally continuously occupied during business hours, or
- in an area viewable by the public but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such spray paint.
(C) Any person who owns, manages or operates a place of business wherein aerosol spray paint is sold shall conspicuously post:
- at or near the aerosol spray paint display, in clear public view, a sign stating: 'GRAFFITI IS A CRIME. THE DEFACING OF PUBLIC OR PRIVATE PROPERTY IS PUNISHABLE BY A FINE OR IMPROSONMENT',
- at or near the aerosol spray paint display, in clear public view, a sign stating: 'NO SPRAY PAINT SOLD TO MINORS. SELLING SPRAY PAINT TO OR PURCHASE OF SPRAY PAINT BY PERSON UNDER 18 YEARS OF AGE IS AGAINST THE LAW. VIOLATORS CAN BE FINED UP TO $500 OR IMPROSONED FOR UP TO 90 DAYS', and
- at each cash register or other point of customer payment, in clear view of the person accepting customer payment, a sign stating: 'NO SPRAY PAINT SOLD TO MINORS. THE LAW FORBIDS SELLING SPRAY PAINT TO PERSONS UNDER 18 YEARS OF AGE. WHEN IN DOUBT, ASK FOR PROOF OF AGE. ACCEPT ONLY IDENTIFICATION ISSUED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT.'
SECTION 2: Severability Clause. If any section, paragraph, sentence or clause of this ordinance is for any reason held to be invalid or unenforcable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise unvalid.
SECTION 3: Compilation. This ordinance shall be incorporated in and made part of the Revised Ordinance of Albuquerque, New Mexico, 1994.
SECTION 4: Effective Date. This ordinance shall take effect thirty (30) days after publication in full.