(a) It shall be unlawful for any person or business within the City to sell or otherwise furnish to a person under the age of eighteen years, any spray paint or wide-tipped marker that is capable of defacing property.
(b) Any person or business within the City that sells or offers for sale such spray paint or wide-tipped markers shall post, and keep posted in a conspicuous area near such spray paint or wide-tipped markers a notice that states as follows:
WARNING: THE SALE OF SPRAY PAINT OR WIDE-TIPPED MARKERS TO MINORS IS PROHIBITED.
It is unlawful in the City of Lorain to sell spray paint or wide-tipped markers to minors, and unlawful for minors to purchase or possess such material unless engaged in a lawful activity under the supervision of a parent, guardian, teacher, or employer.
(c) It shall be unlawful for any person under the age of eighteen years to purchase, possess or have under his/her control, spray paint or a wide-tipped marker that is capable of defacing property. This section shall not apply to persons under the age of eighteen years engaged in a lawful activity under the supervision and control of the minor’s parent, guardian, teacher or employer.
(d) A violation of subsection (a) hereof shall be a misdemeanor of the fourth degree, and a person convicted of such a violation shall be fined not less than one hundred dollars ($100.00). A violation of subsection (b) hereof shall be a minor misdemeanor, and a person convicted of such a violation shall be fined not less than one hundred dollars ($100.00). Any minor who is in violation of subsection (c) hereof shall be deemed to be an unruly child and subject to the jurisdiction of the Juvenile Court.
(e) For the purposes of this section the following terms shall have the definitions as hereinafter specified:
(1) “Spray paint” means paint, lacquer or shellac, contained in an aerosol propellant can.
(2) “Wide-tipped marker” means any indelible pen, marker, or other similar implement with an application tip exceeding four millimeters in width.
(Ord. 44-96. Passed 4-1-96.)