Tulsa city councilors approved a ban on spray paint sales to and possession by minors in Tulsa with a couple changes.
The council voted 5–2 for the ordinance, with Councilors Ben Kimbro and Vanessa Hall-Harper opposed.
A provision adopted from Oklahoma City's similar ordinance protects store clerks from prosecution if they ask for an underage paint buyer’s ID and are shown a convincing fake.
"It just seems like the right thing to do. If people are really doing their job and get duped, then they shouldn’t have to be fined or in jeopardy of breaking this ordinance," said City Councilor Phil Lakin.
Lakin also successfully pushed for smaller size requirements and simpler statements for signs retailers must display. Signs reading "Spray paint shall not be sold to minors" must be posted at spray paint displays and cash registers, and the letters must be at least half an inch high.
City Councilor Connie Dodson proposed the ordinance and said even with the changes, it should still cut down on graffiti in the city. Besides banning the sale of spray paint to minors, the ordinance prohibits them from even possessing it unless supervised by a parent, guardian, employer or teacher.
"But even if it doesn’t have as great of an impact as I hope it would on the graffiti, it would at least give our court system a way to deal with those offenses and issues and offer some help to get them back on the right track," Dodson said, noting municipal courts can require community service rather than a fine.
Dodson plans to meet with municipal judges to talk about non-punitive options for minors caught in possession of spray paint. People violating the ordinance are subject of a fine up to $200.
Dodson also hopes the ordinance cuts down on huffing, or inhaling aerosol paint fumes to get high.
Some councilors want the city to notify businesses of the ordinance before it goes into effect. Senior Assistant City Attorney Mark Swiney said the current practice of publishing a notice and holding open meetings is legally sufficient.
"We presume that everyone knows when a new law is enacted," Swiney said. "You know the old saying, 'ignorance of the law is no excuse.' So, if someone doesn’t know that there’s a new law, that’s not going to let him off the hook. He still has to obey it."
Other councilors said notifying businesses will be too expensive.
