[Adopted 5-22-1985, approved 5-23-1985]
It is hereby declared and found that the problem of vandalism
upon public and private property has reached such proportions that
the cost of removal of graffiti and the cost of maintenance is no
longer economically feasible; that in many cases the graffiti has
caused permanent damage to municipal property, which cannot be corrected
in an economical manner; that the blighted condition caused by the
graffiti increases the deterioration of neighborhoods, prevents the
creation of attractive business districts and limits the ability of
the City to improve its financial structure by increasing the growth
of municipal income through the enhanced value of property; that the
unchecked proliferation of this vandalism encourages and fosters the
further commission of such crimes and contributes to juvenile delinquency
and youth crime; that many of the acts of vandalism are caused by
persons using cans or containers of a product commonly known as "spray
paint"; and that unless the possession of a can or container of spray
paint in public places, streets and parks is prohibited, the acts
of vandalism and the resulting urban blight will increase, as well
other conditions detrimental to the public health, safety and welfare.
It is further declared and found that the possession of a can or container
of spray paint in open view in public places while such product is
not being used for a lawful purpose is unnecessary and should be prohibited.
It shall be unlawful for any person to carry on his or her person
or to have in his or her possession in or on any public place, street
or park a can or container containing paint and a propellant and designed
to spray paint, commonly known as a "paint spray can."
The provisions of § 191-18 shall not apply to any person displaying or in possession of a can or container of spray paint when such a product is being used for or transported immediately to or from a place where it is used for home repair or maintenance, automobile repair or such other employment, trade or occupation customarily requiring the use of said product; or is being transported directly from the place of purchase packaged in such a manner as not to allow easy access to said spray paint while it is being transported.
Any person violating any provision of this article shall be guilty of a violation of this chapter and punishable by a fine of not more than $500 or to imprisonment, or both, pursuant to § 1-4 of the Code of the City of Mount Vernon.
