[Adopted 9-7-1967 as § 3-29
of the Revised General Ordinances]
A.
There is widespread use of spray paint and indelible
markers in the permanent defacement of public and private property.
B.
The defacement or marring of public and private property
has contributed to the blight and degradation of neighborhoods and public
places.
C.
The easy application and ready accessibility to spray
paint and indelible markers facilitates its use 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 article, 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 the age of 18 years.
A.
No person 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 access to the merchandise by the public.
B.
No person shall sell or otherwise transfer any spray
paint container or indelible marker to a minor, unless such minor is accompanied
by a parent or legal guardian at the time of purchase or transfer.
C.
No minor, at the time of purchase of any spray paint
container or indelible marker, shall furnish fraudulent evidence of majority,
including, but not limited to, a motor vehicle operator's license, a registration
certificate 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.
D.
Absent express permission to the contrary, it shall be
unlawful for any person to possess a spray paint container or indelible marker
in any public building or upon any public facility or property with intent
to use the same to deface such public building, facility or property.
