(A) Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years without the written consent of the parents or guardian of the person. The provisions of this section shall not apply to minors participating in school, church or supervised recreational activities.
(B) Display and storage.
(1) Every person who owns, conducts, operates, or manages a retail commercial establishment selling graffiti implements shall store the graffiti implements in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.
(2) In the event that a commercial retail establishment is unable to store the graffiti implements in an area as provided above, the establishment shall store the graffiti implements in an area not accessible to the public in the regular course of business without employee assistance.
(C) Signage required. Every person who operates a retail commercial establishment selling graffiti implements shall:
(1) Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 30 days and/or a fine up to $1,000."
(2) Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: “Selling spray paint, paint sticks, or broad-tipped markers to persons under the age of 18 years of age is against the law and punishable by a fine up to $1,000.”
(D) The provisions of this section shall not be effective until 45 days following written notice from the town to the owner/operator of the commercial retail establishment. Written notice shall be deemed accomplished by the first class postage mailing of a copy of this section to the address of the property occupied by the establishment as listed with the Johnston or Wake County Tax Office and to the address of the commercial establishment listed with the town's water billing office.
(Ord. passed 3-3-08) Penalty, see § 132.99