(A) Definitions: When used in this section, the following words, terms and phrases and their derivations shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
AEROSOL PAINT CONTAINER: Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
BROAD TIPPED MARKER: Any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing ink or other pigmented liquid that is not water soluble.
ETCHING EQUIPMENT: Any tool, device or substance that can be used to make permanent marks on any natural or manmade surface.
GRAFFITI: Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property.
GRAFFITI IMPLEMENT: An aerosol paint container, a broad tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade substance.
LEGAL GUARDIAN: Includes a person appointed guardian or given custody of a minor by a circuit court of this state, but does not include a person appointed guardian or given custody of a minor under the juvenile court act.
MINOR: A person who was not attained the age of eighteen (18).
PARENT: The lawful mother or father of a minor.
(B) Prohibited Acts: It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement on any public or private property without the prior written consent of the owner of such property; provided that a person under the age of eighteen (18) may possess a graffiti implement while traveling on a public right of way if that person has written consent of that person's parent or legal guardian. The provisions of this subsection 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 markers.
(C) Accessibility To Graffiti Implements:
1. Furnishing To Minor Prohibited: It shall be unlawful for any person to sell, exchange, give, loan or otherwise furnish or cause to permit to be exchanged, given, loaned or otherwise furnished any graffiti implement to any person under the age of eighteen (18) years without the written consent of that person's parent or guardian; provided that this subsection (C)1 shall not apply when a graffiti implement is sold, exchanged, given, loaned or otherwise furnished to a person under the age of eighteen (18) years by that person's parent or guardian.
2. Display And Storage: Every person who owns, conducts, operates or manages an establishment which sells, exchanges, gives, loans or otherwise furnishes graffiti implements shall either:
(a) Store those graffiti implements in an area continuously observable through direct visual observations or surveillance equipment by employees of the establishment during the regular course of business; or
(b) In the event that an establishment which sells, exchanges, gives, loans or otherwise furnishes graffiti implements is unable to store those 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.
The provisions of this subsection (C)2 shall not apply to persons who own, conduct, operate, or manage an establishment which sells, exchanges, gives, loans or otherwise furnishes broad tipped markers.
3. Signage Required: Every person who operates a retail commercial establishment selling graffiti implements shall place a sign in clear public view at or near the display of such products stating:
Graffiti is against the law. Any person guilty of defacing property with paint or any other liquid or device may be subject to a fine not less than Two Hundred Dollars ($200.00).
(D) Duty To Remove Graffiti: It shall be the responsibility of the owner or occupier of real estate to remove or cover graffiti on premises owned or occupied by such person within ten (10) days of receipt of notice from the village of Posen that such graffiti exists and should be removed or covered.
(E) Violation; Penalty:
1. Any person violating any of the provisions of this section shall be fined not less than two hundred dollars ($200.00), nor more than seven hundred fifty dollars ($750.00), for each offense. Every day such violation continues shall constitute a separate and distinct offense.
2. In the event that any person or entity holding a business license issued by the village of Posen is determined to be guilty of two (2) or more violations of this section, the village of Posen may revoke that person's or entity's village of Posen business license. Such revocation shall be grounds for the village of Posen's denial of further applications for a business license by such person or entity or for any other entity in which the violator has an ownership interest.
(F) Parental Responsibility: The parent or legal guardian of a minor who resides with such parent or legal guardian is liable for any wilful violations of this section and/or actual damages for the acts of such juvenile which cause injury or damage to a person or property. The parent or legal guardian shall be liable for the fines, restitution, reparation and/or attorney fees and costs imposed by a court or administrative hearing officer of the village of Posen upon a minor for a violation of this section; provided that: 1) such fines, restitution, reparation and/or attorney fees and costs shall not exceed twenty thousand dollars ($20,000.00); and 2) such parent or guardian shall not be liable for the fees of attorneys of the village of Posen. (Ord. 2007-09, 9-11-2007)