[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 5-4-1994 by L.L. No. 1-1994 (Ch. 22 of the 1972 Code). Amendments
noted where applicable.]
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:
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.
To mar the face or surface of, disfigure, injure or spoil
the appearance of.
Any instrument or similar implement that contains an ink
fluid or similar coloring matter.
Any crayon, pastel sticks, charcoal and artistic paints.
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.Â
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.Â
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.Â
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.Â
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:
"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.Â
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.
A.Â
Any person who violates the provisions of Subsection A, B or C of § 330-3 of this chapter shall be guilty of a Class A misdemeanor punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. The court may consider a conditional discharge upon the condition that, with the consent of the owner, the defendant restore the property so defaced to its original condition by means of the defendant's own labor or on the condition of monetary restitution in an amount not to exceed the cost of said restoration.
B.Â
Any person who violates the provisions of Subsections D and E of § 330-3 of this chapter for a first offense shall be guilty of a violation punishable by a fine of not more than $250, and for a second or subsequent offense shall be guilty of a Class B misdemeanor punishable by a fine of not more than $500 or three months' imprisonment, or both.
A.Â
The parent or legal guardian, other than the state or local social services department or foster parent, of any minor over the age of 10 and under the age of 18 that violates any provision of this chapter shall be held liable for any damages and/or cleanup costs that result from a violation of Subsections A, B and C of § 330-3 of this chapter.
B.Â
If anyone sells an aerosol spray paint can(s), broad-tipped marker(s),
pen(s) or writing and artistic devices to a minor or anyone he knew
or should have known would use it for an illegal purpose shall be
held liable for any damages and/or cleanup costs that result from
the violation.