[Adopted 6-21-1989 by Ord. No. 1850]
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WHEREAS, there is a widespread use of spray
paint and indelible markers in the permanent defacement of public
and private property; and
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WHEREAS, the marring of public and private property
has contributed to the blight and degradation of neighborhoods and
public places; and
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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
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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;
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Now, therefore, be it resolved, as follows:
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As used in this article, the following terms
shall have the meanings indicated:
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.
Any person under the age of 18 years of age.
Any person, partnership or corporation selling or offering
for sale any of the items prohibited by this article.
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:
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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.
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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:
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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.
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[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.
