(A) Restrictions.
(1) It shall be unlawful for any person to sell, offer to sell, cause to be sold, give or otherwise provide any aerosol or pressurized container of paint, dye, ink or similar substance to any person under the age of 18 years.
(2) It shall be unlawful for any person to sell, offer to sell, cause to be sold, give or otherwise provide to any person under the age of 18 years, a marker with a marking tip of one-fourth inch or more at its diameter.
(3) No person under the age of 18 years shall purchase any pressurized container which contains paint, dye, ink or a similar substance.
(4) It is unlawful for any individual under the age of 18 years, who is in a public place or upon private property, without the consent of the owner, lessee or other person entitled to legal possession thereof, and who is not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint, dye, ink or similar substance; or to possess a marker with a marking tip of one-fourth inch or more in diameter.
(B) Manner of sale.
(1) All persons offering for sale pressurized containers which contain paint shall place containers in an area where they may be viewed at all times by an authorized employer, agent or other authorized representative of the business offering those containers for sale or by placing them behind a locked counter, cabinet or other storage facility, so that access to them cannot be gained without their being unlocked by an authorized employee, agent or other authorized representative of the person.
(2) All persons offering for sale markers with a marking tip of one-fourth inch shall keep the markers in a location where they can be in constant view of the employee, agent or other authorized representative of the person selling the marker.
(C) Parental responsibility. It shall be unlawful for a parent or legal guardian to allow an unemancipated minor to engage in acts in violation of this section. The parent or legal guardian of an unemancipated minor shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and the minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian upon the occurrence of the following three events:
(1) An unemancipated minor is adjudicated to be in violation of this section or has incurred non-judicial sanctions from another official agency resulting from an admission of guilt in violation of this section;
(2) The parent or legal guardian has received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned from the Police Department of the village, following the adjudication or non-judicial sanction; and
(3) If, at any time within one year following receipt of the notice described in division (C)(2) above, the minor is adjudicated to be in violation of this section or has incurred non-judicial sanctions from another official agency resulting from an admission or guilt of violation of this section.
(D) Parental responsibility for fines. If a minor shall fail to pay a fine or restitution lawfully imposed on him or her, the parents or legal guardian(s) of the minor shall be jointly and severally liable for the fine or restitution.
(Prior Code, § 131.04) (Ord. 94-4, passed 6-6-1994) Penalty, see § 131.99