ORDINANCE NO.62-36
AN ORDINANCE AMENDING TITLE XI OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO BY THE ADDITION OF CHAPTER 9 RELATING TO GRAFFITI, ADOPTING A COMPREHENSIVE ANTI-GRAFFITI ORDINANCE, PROVIDING PENALTIES FOR VIOLATION THEREOF, AMENDING AND REPEALING SECTIONS OF SAID CODE OF ORDINANCES INCONSISTENT THEREWITH, SPECIFICALLY SECTIONS 402, 403 AND 706 OF CHAPTER 1 OF TITLE XI
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
11-9-4: PROHIBITION ON DISPLAY AND SALE.
(a) Sale. It shall be unlawful for any person, other than a parent, legal guardian or school teacher, 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, or paint stick to any minor without the written consent of the parents or guardian of the minor.
(b) Display and Storage.
(1) Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad-tipped markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.
(2) In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad-tipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers in an area not accessible to the public in the regular course of business without employee assistance.
(c) Required Sign. Every person who operates a retail commercial establishment selling graffiti implements shall:
(1) Place a sign with a minimum height of fourteen (14) inches and a width of (11) inches, with lettering of at least one-half (1/2) inch in height which is in clear public view at or near the display of such products and which states:
"WARNING: IT IS ILLEGAL TO SELL OR DISTRIBUTE AEROSOL PAINT, PAINT STICKS OR BROAD-TIPPED MARKERS TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OR FOR ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OF AGE TO POSSESSOR TO ATTEMPT TO PURCHASE SAME. IT IS ILLEGAL IF YOU ARE OVER EIGHTEEN YEARS OF AGE FOR YOU TO PURCHASE AEROSOL PAINT, PAINT STICKS OR BROAD-TIPPED MARKERS FOR A PERSON UNDER EIGHTEEN YEARS OF AGE IF YOU ARE NOT SUCH PERSONS PARENT OR GUARDIAN. FINES OF UP TO $300.00 MAY BE IMPOSED FOR VIOLATION OF THESE PROVISIONS."
Adopted August 25, 1997