[Adopted 6-21-1989 by Ord. No. 1850]
WHEREAS, there is a widespread use of spray paint and indelible markers in the permanent defacement of public and private property; and
WHEREAS, the marring of public and private property has contributed to the blight and degradation of neighborhoods and public places; and
WHEREAS, the easy application of and ready accessibility to spray paint and indelible markers facilitates their misuse and hinders enforcement agencies from preventing persons from defacing public and private property or apprehending those committing the offensive conduct; and
WHEREAS, 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;
Now, therefore, be it resolved, as follows:
As used in this article, 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 the age of 18 years of age.
PERSON
Any person, partnership or corporation selling or offering for sale any of the items prohibited by this article.
SPRAY PAINT CONTAINERS
Any self-contained can, bottle or container which contains paint that can be applied to a surface by aerosol or gaseous spray from the can directly to the surface.
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 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 said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
C. 
No minor shall, at the time of purchase of items specified in Subsection B above, knowingly furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a 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.
D. 
No minor shall be in possession, custody or control of a spray paint container or indelible marker unless under the supervision of a teacher or other school official or parent or legal guardian or under the auspices of an authorized school assignment.
[Added 12-21-1994 by Ord. No. 129/94]
A. 
Every person who engages in the business of selling spray paint or markers regulated by this article shall post in clear public view at or near the display of such products, using bold lettering at least one inch in height, a placard stating as follows:
ANY PERSON DEFACING REAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID IS SUBJECT TO A FINE OF ONE THOUSAND DOLLARS OR IMPRISONMENT FOR UP TO NINETY DAYS.
B. 
Every person who engages in the business of selling spray paint or markers regulated by this article shall post in the direct view of such person or persons responsible for accepting customer payment for such spray paint or containers or marker pens, using bold lettering at least one inch in height, a placard stating as follows:
IT IS UNLAWFUL TO SELL OR OTHERWISE CONVEY SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IN THE TOWN OF WEST NEW YORK. VIOLATORS SHALL BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS OR IMPRISONMENT FOR UP TO NINETY DAYS.
[Amended 12-21-1994 by Ord. No. 129/94]
Any person who is convicted of a violation of any section of this article shall be subject to a fine not to exceed $1,000 and/or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.