[HISTORY: Adopted by the Board of Commissioners of the City
of Union City 1-7-1997 as § 4-21 of the 1996 Revised General Ordinances.
Amendments noted where applicable.]
A.
There is widespread use of spray paint and indelible markers in the
permanent defacement of public and private property.
B.
The marring of public and private property has contributed to the
blight and degradation of neighborhoods and public places.
C.
The easy application of and ready accessibility to spray paint and
indelible markers facilitates its misuse and hinders enforcement agencies
from preventing persons from defacing public and private property
or apprehending those committing the offensive conduct.
D.
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.
As used in this chapter, 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 18 years of age.
Any person, partnership or corporation selling or offering
for sale any of the items prohibited by this chapter.
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 spray 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 the minor is accompanied by
a parent or legal guardian at the time of purchase or transfer.
No minor shall, at the time of purchase of items specified in § 203-3B above, knowingly furnish fraudulent evidence of majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal 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.
