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Section 5. Sections 10.177, 10 -178 and 1Q -176.3 of the Santa Ana Municii is are hereby re- designated as Sections 10 -222, 10 -223 and 10.223.1, +✓ respectively, and amended such that they reads as follows: See, 10 -222. Sate and Possession (a) Salo of Graffiff lmp /srnents to Mirrors. 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. leaned, or otherwise furnished, any aerosol paint container, broad - tipped marker, gum/pastelself- adhesive label or sticker, etchings 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 In 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 white in or within bfty (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 fvfinors of or Near School facilities. It shalt be unlawful for any person under the age of eighteen (16) 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 amolied if the minor is participating is a class at the school that formally requires the possession of broad-tfpped 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 a broad - tipped marker. Saa, 10 -223. Public access; Signage» (a) Paints and Marirars. Every person who owns, conducts. operates or manages or retail oornmercfal establishment selling aerosol containers, paint stacks, glass etching solution, or broad- tipped markers shall store these Rams in an area continuously observable, through direct visual observation or surveillance Ordinance No PIS -2761 Page 4 of 13 ward 1 City of Santa Ana GRSC Services RFP Page 43