[HISTORY: Adopted by the Common Council of the City of Cohoes 7-11-1995
by Ord. No. 38-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person under the age of 18 years.
The Common Council of the City of Cohoes finds that:
A.
There is widespread use of spray paint in the permanent
defacement of public and private property within the city which defacement
has become a serious problem.
B.
The defacement or marring of public and private property
has contributed to the blight and degradation of neighborhoods and public
places.
C.
Graffiti is typically applied to said property by means
of pressurized spray cans, containing paint, which are widely available to
persons of all ages in hardware and department stores, supermarkets and similar
establishments within the city.
D.
The easy application and ready accessibility to spray
paint facilitates its use and hinders enforcement agencies from preventing
persons from defacing public and private property or apprehending those committing
the offensive conduct.
E.
The cost of removing such graffiti has become an intolerable
financial burden to the owners of private property within the city and to
public property itself within the city and such graffiti, unless promptly
removed is an eyesore to the community and seriously erodes all efforts to
improve the quality of life within the city.
F.
A substantial portion of the defacement of public and
private property has been caused by minors using spray paint containers obtained
both legally and illegally.
A.
No person shall sell or otherwise transfer any spray
paint to a minor unless said minor is accompanied by a parent or legal guardian
at the time of purchase or transfer.
B.
No minor shall, at the time of purchase of any spray
paint container, furnish fraudulent evidence of majority.
C.
No minor shall, except while accompanied by a parent
or legal guardian, possess a spray paint container on any public property
or any private property except with the express permission of the lawful owner
or manager of said private property.
D.
Absent express permission to the contrary by the owner
or other person having control thereof, it shall be unlawful for any person
to possess a spray paint container, liquid paint in cans or other containers
in any public building or upon any public facility or private property with
intent to use the same to deface the said building, facility or property.
Any person violating any provision of this chapter shall be fined not
more than $250 or imprisonment for 15 days, or both, for each offense, and
a separate offense shall be deemed committed on each day during or on which
a violation occurs or continues.
