[HISTORY: Adopted by the City Council of the City of Scranton: Art. I, 4-10-1996 as Ord. No. 63-1996]
Article I Sale of Paints, Markers and Similar Products
[Adopted 4-10-1996 as Ord. No. 63-1996]
The following words, terms and phrases when used in this Article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular shall include the plural and words in the masculine shall include the feminine and neuter.
As used in this Article, the following terms shall have the meanings indicated:
- ETCHING EQUIPMENT OR MATERIALS
- Any tool, device, equipment or substance that can be used to make permanent marks on metal, glass, plastic, concrete or stone.
- INDELIBLE MARKER
- Any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater.
- A person under eighteen (18) years of age.
- Any individual, partnership, corporation, trust, association, owner, contractor, salesperson or any other legal entity.
No person shall sell at retail to any minor paint in spray cans or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater. For purposes of this section, to "sell at retail" means to sell to a consumer for ultimate use and not for purposes of resale.
No person shall possess a spray paint container, liquid paint or indelible marker on the property of another or in any public building or upon any public facility, unless the owner, manager or other person having control of the property, building or facility consented to the presence of the materials.
No person shall possess a spray paint container, liquid paint, indelible marker or etching equipment or materials on any public right-of-way (including, without limitation, any street or sidewalk) with intent to use the same to deface any building, structure or property.
No minor shall possess any spray paint container or indelible marker, except:
Any person, firm or corporation violating any provision of this Article, shall upon conviction thereof, be guilty of a summary offense and shall be fined not to exceed three hundred dollars ($300.) for any one (1) offense, recoverable with costs, together with judgment or imprisonment not to exceed thirty (30) days per offense.