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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, prohibiting the sale of spray paint containers, indelible markers, etching acid and etching tools to minors; further establishing penalties.
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WHEREAS, the County Council of Allegheny finds that graffiti is detrimental to the health, safety and welfare of the community because it promotes a perception in the community that the laws protecting public and private property can be disregarded, it fosters a sense of disrespect of the law that results in an increase in crime, degrades the community, leads to urban blight and is detrimental to property values, business opportunities and the engagement of life; and
WHEREAS, the County Council wishes to reverse the perceptions and realities of graffiti through the community and believes that prohibiting the sale of spray paint containers, indelible markers, etching acid and etching tools to minors will serve as a significant step in protecting the health, safety and welfare of this community.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Definitions
The following words and phrases when used in this ordinance shall have the meanings given to them in this section unless the context clearly indicates otherwise:
Etching Acid - Any liquid, cream, paste or similar substance, including but not limited to hydrofluoric acid, that can be used to etch, carve, engrave, or otherwise impair the physical integrity of glass or metal.
Etching Tool - Any tool capable of defacing property.
Indelible Marker - Any felt tip marker, china marker or similar device that is not water-soluble.
Minor - Any person under the age of eighteen (18) years.
Person - Any individual or retail establishment.
Section 2. Prohibited Conduct
A. No person shall knowingly sell, offer for sale, furnish, provide or otherwise transfer any spray paint container, indelible marker or etching acid to any person for the purpose of having such spray paint container, indelible marker or etching acid to be used to permanently deface public and private property.
B. No person shall knowingly sell, offer for sale, furnish, provide or otherwise transfer any spray paint container, indelible marker, etching acid or etching tools capable of defacing property to any minor, unless said minor is accompanied by parent or legal guardian at time of purchase or transfer.
C. No minor shall purchase any spray paint container, indelible marker or etching acid without the accompaniment of parent or legal guardian.
Section 3. Possession Restricted
It is unlawful for any minor to have in his possession any aerosol spray paint container, indelible marker or etching materials and/or substances while on any public highway, street, alley or way, park, playground, swimming pool, or other public place, whether such person is or is not in any automobile, vehicle or other conveyance, unless other direct supervision of parent or legal guardian.
Section 4. Fines
A. Any person violating any provision of this ordinance will be fined up to $300 on first and subsequent offences. The person in default of payment of the fine and costs shall be subject to imprisonment for a period not exceeding 30 days.
B. Any retail establishment violating any provision of this ordinance shall be given a warning on the first offense. On the second and subsequent offense, a retail establishment shall be fined up to $300 and in default of payment of the fine and costs shall be subject to imprisonment for a period not exceeding 30 days.
C. Parental Responsibility:
1. Any parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti there on shall be jointly and severely liable with such minor for any resulting damages incurred by the property owner. Violations of any provisions of this ordinance shall be subject to a fine of up to $300 and in default of payment shall be subject to imprisonment for a period not exceeding 30 days.
2. Any parent or legal guardian having custody or control of a minor who is apprehended in violation of this ordinance shall be fined up to $300 and in default of payment shall be subject to imprisonment for a period not exceeding 30 days.
D. In addition to any punishment specified in Section 4, the County Solicitor shall seek restitution to the County for reimbursement of the costs incurred by the County in removing the graffiti. In the case of a minor, the County Solicitor shall seek restitution from the parents or legal guardians.
Section 5. Effective Date
This ordinance shall take effect on January 1, 2004 in order that its provisions may be publicized and made known to the general public.
SECTION 6. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 7. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.