(A) Definitions. For the purpose of this section, the following shall apply unless the context clearly indicates or requires a different meaning:
SPRAY PAINT. Any aerosol-propelled paint or any device designed to expel paint by means of a compressed gas.
(B) Sale of spray paint to minors prohibited.
(1) It shall be unlawful for any person, firm, business, corporation, partnership, or entity to sell, give away, deliver, transfer, or offer to sell any container of spray paint to a person aged 18 years or less within the Village of Maywood.
(2) For purposes of preventing violations of this section, any entity in division (B)(1) may refuse to sell spray paint to any person under the age of 18.
(3) For the purposes of preventing violations of this section, any entity in division (B)(1) shall first obtain bona fide evidence of the identity and age of majority through verified documentation, including but not limited to identification issued by a federal, state, or local government entity showing the age and identity of the individual.
(C) Possession of spray paint by minors prohibited.
(1) It shall be unlawful for any person under the age of 18 years to possess any container of spray paint within the Village of Maywood.
(2) It shall be an affirmative defense that the person possessing the spray paint is on private property that is their usual place of residence.
(3) It shall be an affirmative defense that the person possessing spray paint is on school grounds and engaged in a function sanctioned or supervised by a teacher or other school official.
(D) General penalty. Any person violating any provision of this section subject to the general penalty provision at § 10.99 (General Penalty) of this Code of Ordinances.
(Ord. CO-2024-37, passed 9-10-2024)