[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]
A.
IDENTIFICATION
SPRAY PAINT
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.
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.
B.
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.
A.
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.
B.
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.[1] 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.
