[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 5-4-1994 by L.L. No. 1-1994 (Ch. 22 of the 1972 Code). Amendments noted where applicable.]
It is the intention of the Board of Trustees of the Incorporated Village of Malverne to promote the health, safety and welfare of the residents of the Village by adopting this chapter, designed to deter the defacing of public and private property with aerosol spray paint cans, broad-tip markers, pens, writing and artistic devices.
As used in this chapter, the following terms shall have the meanings indicated:
- BROAD-TIP MARKERS
- Any felt-tip marker or similar implement containing a fluid or coloring matter, and which has a flat or angled writing surface of greater than 1/4 square inch.
- To mar the face or surface of, disfigure, injure or spoil the appearance of.
- Any instrument or similar implement that contains an ink fluid or similar coloring matter.
- WRITING AND ARTISTIC DEVICES
- Any crayon, pastel sticks, charcoal and artistic paints.
Defacement of property, possession and sale of aerosol spray paint cans and broad-tipped markers, pens, writing and artistic devices is prohibited in certain instances.
No person shall write, paint, spray or draw any work, inscription, design, figure or mark of any type on any public or private building or other structure or any other real or personal property owned, operated or maintained by the Incorporated Village of Malverne or any agency or instrumentality thereof or by any person, firm or corporation unless the express permission of the owner or operator of the property has been obtained.
No person shall carry an aerosol spray paint can, broad-tipped marker, pens, writing and artistic devices into any public and/or private building or other public and/or private facility with the intent to violate the provisions of Subsection A of this section.
No person shall knowingly, or having reason to know that the purchaser of an aerosol spray paint can, broad-tipped markers, pens, writing and artistic devices is under 18 years of age and/or who intends to use said paint, markers, pens and writing and artistic devices for an illegal purpose, sell or offer to sell such product or products to any such purchaser.
Any person selling or offering for sale aerosol spray paint cans, broad-tipped markers, pens, writing and artistic devices shall post in a conspicuous place a sign which clearly states:
Any person selling or offering for sale aerosol paint cans shall only display and/or offer for sale aerosol paint cans in a secure enclosed display or behind a sales counter which is not accessible to the public.
Any person who violates the provisions of Subsection A, B or C of § 330-3 of this chapter shall be guilty of a Class A misdemeanor punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. The court may consider a conditional discharge upon the condition that, with the consent of the owner, the defendant restore the property so defaced to its original condition by means of the defendant's own labor or on the condition of monetary restitution in an amount not to exceed the cost of said restoration.
Any person who violates the provisions of Subsections D and E of § 330-3 of this chapter for a first offense shall be guilty of a violation punishable by a fine of not more than $250, and for a second or subsequent offense shall be guilty of a Class B misdemeanor punishable by a fine of not more than $500 or three months' imprisonment, or both.
The parent or legal guardian, other than the state or local social services department or foster parent, of any minor over the age of 10 and under the age of 18 that violates any provision of this chapter shall be held liable for any damages and/or cleanup costs that result from a violation of Subsections A, B and C of § 330-3 of this chapter.
If anyone sells an aerosol spray paint can(s), broad-tipped marker(s), pen(s) or writing and artistic devices to a minor or anyone he knew or should have known would use it for an illegal purpose shall be held liable for any damages and/or cleanup costs that result from the violation.