[HISTORY: Adopted by the City Council of the City of Passaic: Art. I, 9-12-1985 by Ord. No. 873-85; Art. II, 10-17-1985 by Ord. No. 888-85. Amendments noted where applicable.]
[Adopted 9-12-1985 by Ord. No. 873-85]
In this Article, the following terms shall be defined as follows:
- Documentation establishing the identity of a person, including but not limited to a driver's license, social security card or student identification card, if the person is under the age of 18.
- SPRAY PAINT
- Any paint or other pigmented substance which is an aerosol or similar spray container, of which is intended for use in an aerosol or similar spray container.
This Article shall only apply to individuals under the age of 18 purchasing spray paint. Whenever the term "individual" is used herein with reference to producing identification or with reference to penalty provisions or any other provisions herein, the term shall refer only to individuals under the age of 18.
No person engaging in the business of selling or offering for sale to the general public any spray paint or any hobby kit or similar kits of any kind containing spray paint shall sell, exchange or transfer in any manner said items to any individual without requiring said individual to produce proper identification.
Any person engaging in the business of selling or offering for sale to the general public any spray paint or any hobby kit or similar kits of any kind containing spray paint shall keep a record of all purchases or exchanges of these items. The record shall contain the full name and address of each person who purchases or exchanges spray paint or hobby kits or similar kits containing spray paint, the date of purchase and, in addition, shall contain a description of the spray paint, including the quantity, brand name and color of the spray paint and the stated purpose for which the paint was bought.
Any person required to record purchases or exchanges of spray paint pursuant to this Article shall maintain such records for a minimum period of 180 days from the date of purchase or exchange and shall, upon reasonable request, allow the inspection of such records by any law enforcement officer.
Any person who violates any provision of this Article, either by failing to maintain records required herein or by assuming a false identity or providing false identification documents in connection with the purchase of any spray paint, upon conviction thereof for a first offense of this type, shall be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding six months. Any such person, when convicted for a second or subsequent violation, shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding six months.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 10-17-1985 by Ord. No. 888-85]
It shall be illegal for any person under the age of 18 to possess any spray paint, as that term is defined in Ordinance No. 873-85. Such spray paint is hereby declared to be contraband, and any police officer is authorized to seize the same from any individual under the age of 18 in whose possession such spray paint is found.
In addition to the remedy provided in § 195-6 hereof, any person in whose possession such spray paint is found may be seized by the police and interrogated for a reasonable period of time, consistent with constitutional guaranties, in order to enable the police to investigate the circumstances surrounding the possession and purchase of such spray paint.