First Regular Session
Sixty-second General Assembly
LLS NO. 99-0254.01 Jerry Barry HOUSE BILL 99-1021
STATE OF COLORADO
BY REPRESENTATIVE Chavez
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING MATERIAL THAT MAY BE USED FOR DEFACEMENT OF
102 PROPERTY.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Establishes a class 2 petty offense punishable by a fine of $200 for
displaying or storing certain graffiti material in a manner that would
allow the public access to such products without the physical assistance
of an employee of the business. Authorizes political subdivisions to enact
more stringent ordinances.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 13 of title 18, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW SECTION to read:
4 18-13-123. Sale of graffiti material - clerk assistance required.
5 (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
6 REQUIRES:
7 (a) "BROAD-TIPPED MARKER PEN" MEANS A FELT-TIPPED MARKER,
8 OR SIMILAR IMPLEMENT CONTAINING A FLUID THAT IS NOT WATER
9 SOLUBLE, WITH A TIP THAT EXCEEDS ONE-QUARTER INCH IN WIDTH.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 (b) "GRAFFITI MATERIAL" MEANS CANS OF SPRAY PAINT, SPRAY
2 PAINT NOZZLES, BROAD-TIPPED MARKER PENS, PAINT PENS, GLASS CUTTING
3 TOOLS, OR GLASS ETCHING TOOLS OR INSTRUMENTS.
4 (c) "PAINT PEN" MEANS A TUBE, MARKER, OR OTHER PEN-LIKE
5 INSTRUMENT WITH A TIP OF ONE-QUARTER INCH IN DIAMETER OR LESS THAT
6 CONTAINS PAINT OR SIMILAR FLUID AND AN INTERNAL AGITATOR.
7 (d) "SPRAY PAINT" MEANS ANY AEROSOL CONTAINER THAT IS MADE
8 OR ADAPTED FOR THE PURPOSE OF APPLYING PAINT OR OTHER SUBSTANCE
9 CAPABLE OF DEFACING PROPERTY.
10 (e) "SPRAY PAINT NOZZLE" MEANS A NOZZLE DESIGNED TO DELIVER
11 A SPRAY OF PAINT OF A PARTICULAR WIDTH OR FLOW FROM A CAN OF
12 SPRAY PAINT.
13 (2) ANY BUSINESS PROPRIETOR, MANAGER, CLERK, OR OTHER
14 PERSON IN CHARGE OF A BUSINESS OF ANY KIND WHO KNOWINGLY STOCKS
15 OR DISPLAYS GRAFFITI MATERIAL IN AN AREA THAT THE PUBLIC MAY
16 ACCESS WITHOUT THE PHYSICAL ASSISTANCE OF A BUSINESS EMPLOYEE
17 COMMITS A CLASS 2 PETTY OFFENSE, AND, UPON CONVICTION THEREOF,
18 SHALL BE PUNISHED BY A FINE OF TWO HUNDRED DOLLARS.
19 (3) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
20 THE STORAGE OR DISPLAY OF GRAFFITI MATERIAL IN AN AREA VIEWABLE
21 BY THE PUBLIC SO LONG AS SUCH ITEMS ARE NOT ACCESSIBLE TO THE
22 PUBLIC WITHOUT EMPLOYEE ASSISTANCE.
23 (4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
24 ANY COUNTY, CITY AND COUNTY, OR STATUTORY OR HOME-RULE
25 MUNICIPALITY FROM ENACTING AN ORDINANCE THAT IMPOSES
26 REQUIREMENTS OR PENALTIES MORE STRINGENT THAN THOSE PROVIDED BY
Page 3
1 THIS SECTION.
2 SECTION 2. Effective date - applicability. (1) This act shall
3 take effect September 1, 1999, unless a referendum petition is filed during
4 the ninety-day period after final adjournment of the general assembly that
5 is allowed for submitting a referendum petition pursuant to article V,
6 section 1 (3) of the state constitution. If such a referendum petition is
7 filed against this act or an item, section, or part of this act within such
8 period, then the act, item, section, or part, if approved by the people, shall
9 take effect on the date of the official declaration of the vote thereon by
10 proclamation of the governor.
11 (2) The provisions of this act shall apply to offenses committed on
12 or after the applicable effective date of this act.