[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 4-21 of the 1996 Revised General Ordinances. Amendments noted where applicable.]
A. 
There is widespread use of spray paint and indelible markers in the permanent defacement of public and private property.
B. 
The marring of public and private property has contributed to the blight and degradation of neighborhoods and public places.
C. 
The easy application of and ready accessibility to spray paint and indelible markers facilitates its misuse and hinders enforcement agencies from preventing persons from defacing public and private property or apprehending those committing the offensive conduct.
D. 
A substantial portion of the defacement of public and private property has been caused by minors using spray paint containers and indelible markers, obtained both legally and illegally.
As used in this chapter, the following terms shall have the meanings indicated:
INDELIBLE MARKER
Any felt tip marker, china marker or similar device that is not water-soluble and which has a flat or angled writing surface 1/2 inch or greater.
MINOR
Any person under 18 years of age.
PERSON
Any person, partnership or corporation selling or offering for sale any of the items prohibited by this chapter.
A. 
No person, firm or corporation shall sell or offer for sale, transfer or offer to transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise, except by authorized attendants, or is stored, out of sight, in such a way as to prevent free and uninhibited access to the merchandise by the general public.
B. 
No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless the minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
No minor shall, at the time of purchase of items specified in § 203-3B above, knowingly furnish fraudulent evidence of majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the armed forces, or any document issued by a federal, state, county or municipal government.