It is the intention of the Board of Trustees of the Incorporated
Village of Malverne to promote the health, safety and welfare of the
residents of the Village by adopting this chapter, designed to deter
the defacing of public and private property with aerosol spray paint
cans, broad-tip markers, pens, writing and artistic devices.
As used in this chapter, the following terms shall have the
meanings indicated:
BROAD-TIP MARKERS
Any felt-tip marker or similar implement containing a fluid
or coloring matter, and which has a flat or angled writing surface
of greater than 1/4 square inch.
DEFACE
To mar the face or surface of, disfigure, injure or spoil
the appearance of.
PENS
Any instrument or similar implement that contains an ink
fluid or similar coloring matter.
Defacement of property, possession and sale of aerosol spray
paint cans and broad-tipped markers, pens, writing and artistic devices
is prohibited in certain instances.
A. No person shall write, paint, spray or draw any work, inscription,
design, figure or mark of any type on any public or private building
or other structure or any other real or personal property owned, operated
or maintained by the Incorporated Village of Malverne or any agency
or instrumentality thereof or by any person, firm or corporation unless
the express permission of the owner or operator of the property has
been obtained.
B. No person shall carry an aerosol spray paint can, broad-tipped marker, pens, writing and artistic devices into any public and/or private building or other public and/or private facility with the intent to violate the provisions of Subsection
A of this section.
C. No person shall knowingly, or having reason to know that the purchaser
of an aerosol spray paint can, broad-tipped markers, pens, writing
and artistic devices is under 18 years of age and/or who intends to
use said paint, markers, pens and writing and artistic devices for
an illegal purpose, sell or offer to sell such product or products
to any such purchaser.
D. Any person selling or offering for sale aerosol spray paint cans,
broad-tipped markers, pens, writing and artistic devices shall post
in a conspicuous place a sign which clearly states:
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"It is unlawful to sell aerosol spray paint cans, broad-tipped
markers, pens, writing and artistic devices to any person under the
age of 18 years of age."
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E. Any person selling or offering for sale aerosol paint cans shall
only display and/or offer for sale aerosol paint cans in a secure
enclosed display or behind a sales counter which is not accessible
to the public.