(A) Unlawful. The following are unlawful:
(1) For any person to apply graffiti to any natural or manmade surface on any public property or on private property without the permission of the owner or responsible party.
(2) For any person under the age of 18 years to possess any graffiti implement while on any school property, grounds, facilities, buildings or structures, or in areas immediately adjacent to those specific locations upon public property or upon private property without the prior written consent of the owner or responsible party of such private property. The provisions of this section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at the school that formally requires the possession of broad-tipped marker(s). The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad-tipped marker.
(3) For any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility or other public building or structure owned or operated by the town or other political subdivision.
(B) Furnishing graffiti implements to minors prohibited. It shall be unlawful for any person to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any aerosol paint container, broad-tipped marker or paint stick to any person under the age of 18 years without the written consent of the parents or guardian of the minor. Age shall be verified before the transaction is completed by confirming the person's age with any form of government issued identification with photo.
(C) Retail display and storage of graffiti implements.
(1) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, paint sticks or broad-tipped markers shall store the containers, sticks or markers 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 aerosol paint containers, paint sticks or broad tipped markers in an area as provided above the establishment shall store the containers, sticks and markers in an area not accessible to the public in the regular course of business without employee assistance.
(D) Signage required.
(1) Every person who operates a retail commercial establishment selling graffiti implements shall:
(a) 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 graffiti implement is guilty of a misdemeanor crime punishable by jail of up to 30 days and/or a fine of up to $500 plus surcharges.”
(b) Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: “Selling spray paint, paintball guns, paint sticks or broad tipped markers to persons under 18 years of age is against the law and punishable by a fine of $500 plus surcharges and/or up to 30 days of jail time.”
(2) The town shall provide the signage to merchants at no cost; for posting.
(Ord. 483-08, passed 6-2-2008) Penalty, see § 134.99