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City of Lackawanna, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[HISTORY: Adopted by the City Council of the City of Lackawanna 1-13-1997 (Ch. 70, Art. VIII of the 1987 Code). Amendments noted where applicable.]
It shall be unlawful for anyone to paint, spray paint or otherwise cause any inscription or drawing on rocks, exterior building walls, bridges, viaducts, edifices or on any parts or sections thereof, except in case such inscription or drawing is licensed by the City and approved by the owner.
[Added 6-2-1997]
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI
Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by a graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the City Council.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label, paint stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man made surface.
[Added 6-2-1997]
A. 
Furnishing to minors prohibited. 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, loaned or otherwise furnished, any aerosol paint container, broad-tipped marker, or paint stick to any person under the age of 18 years without the written consent of the parents or guardian of the person.
B. 
Display and storage.
(1) 
Every person who owns, conducts, operates, or manages a retail commercial establishment within the City, 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.
[Added 6-2-1997]
A. 
It shall be unlawful for any person to possess any graffiti implements unless en route from a store to their home or place of business.
B. 
It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the City or while in or within 50 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City.
The City Council intends, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti, vandalism and defacement. The Council does not intend for this chapter to conflict with any existing anti-graffiti state laws.
A violation of this chapter shall be classed as a violation punishable by a fine of up to $250.