§ 35-4. Spray paint.

(a) Transfers to minor.

It is unlawful for any person to sell, exchange, give, or loan any pressurized spray can containing any substance commonly known as paint, or containing any other opaque liquid capable of being propelled by the aerosol can, to any minor under the age of 18 years, if such sale, gift, or loan is with the intent to induce or with the knowledge that the minor will use the aerosol spray for the purpose of defacing, damaging, injuring or in any other manner unlawfully applying the spray substance to any personal or real property of another.

(b) Possession by minor.

It is unlawful for any person under the age of 18 years to have in his or her possession any pressurized spray can containing any substance commonly known as paint or containing any other opaque liquid capable of being propelled by the pressurized can, with the intent to deface, injure, damage, or in any other manner lawfully apply the sprayed substance to any personal or real property of another, while on public property or upon private property without the consent of the owner of such private property.

(c) Inhalation.

It is unlawful for any person to deliberately smell or inhale such excessive quantifies of the substance or chemical emitted from a pressurized spray can of paint as cause conditions of intoxication, inebriation, excitement, stupefaction, or dulling the brain or nervous system.

(d) Penalties.

Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500 for each offense.