[HISTORY: Adopted by Dutchess County 10-13-2009 by L.L. No. 5-2009. Amendments noted where applicable.]
This chapter shall be known as the "Graffiti Prevention Act of 2009."
Within Dutchess County, the sale of aerosol paint cans to persons under 18 years of age should be prohibited; and persons engaged in the retail sale of such aerosol paint cans should be restricted; and persons engaged in the retail sale of such aerosol paint cans should be required to take reasonable steps to prevent the theft of such paint cans or the sale thereof to persons under 18 years of age.
For purposes of this chapter, the following terms shall have the meanings indicated:
- To mar the face or surface or disfigure, injure or spoil the appearance of public or private property.
- An inscription, figure, mark or design which is written, scratched, painted or drawn on a wall, building, monument, statue, rock or any surface of real or personal property with the intent to deface said property without the express written authorization of the property owner.
No person shall sell or offer to sell an aerosol spray paint can to any person under 18 years of age.
It shall be the duty of any person or entity that sells or offers for sale any aerosol spray paint can to require, from any person desiring to purchase such container, identification and proof of such person's age before selling or delivering a container to such a person.
Persons engaged in the sale of aerosol spray paint cans shall prominently display that sales of such paint cans to persons under 18 years of age is prohibited.
The first offense shall be a violation and punishable by a fine of not more than $250.
The second or subsequent offense shall be a Class B misdemeanor and punishable by a fine of not more than $500 or three months' imprisonment, or both.
Where appropriate and authorized by law, the courts require those who commit acts and are convicted of defacement to restore the property so damaged or to perform suitable alternative community service pursuant to the court's direction.
This chapter shall take effect January 1, 2010.