[HISTORY: Adopted by the City Council of the City of Scranton: Art.
I, 4-10-1996 as Ord. No. 63-1996]
[Adopted 4-10-1996 as Ord. No. 63-1996]
A.Â
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.
B.Â
ETCHING EQUIPMENT OR MATERIALS
INDELIBLE MARKER
MINOR
PERSON
As used in this Article, the following terms shall have
the meanings indicated:
Any tool, device, equipment or substance that can be used to make
permanent marks on metal, glass, plastic, concrete or stone.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
No minor shall possess any spray paint container or indelible
marker, except:
(1)Â
A minor may possess spray paint containers or indelible
markers while under the immediate supervision of his or her parent, legal
guardian or teacher.
(2)Â
A minor employee may possess spray paint containers or
indelible markers at the direction and under the supervision of his or her
employer.
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.