HomeMy WebLinkAboutORDINANCES-1998-112-O-98}
• 12/08/98
01 /19/99
02/04/99
112-0-98
AN ORDINANCE
Regulating the Sale, Possession
and Use of Spray Paint Cans
and Certain Paint Markers
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Chapter 5 of Title 9 of the Evanston City Code, 1979, as
amended, is hereby further amended by adding the following new sections:
• 9-5-29: SALE OF SPRAY PAINT CANS OR MARKERS PROHIBITED:
0
It shall be unlawful for any person operating a retail business in the City of
Evanston ("City") to sell paint in spray cans to any person under the age of 18 or
to sell any marker containing a fluid which is not water soluble and has a point,
brush, applicator or other writing surface of three -eighths of an inch or greater to
any person. "Retail" means sales other than those for the purpose of resale or
for use by manufacturers, contractors, trades, railroads, public service
corporations and institutions, or for the supplying of branch or general
establishments from a central depot or store, and shall not include the sale at
retail of secondhand or used goods, wares, or commodities.
A
112-0-98
9-5-30: POSSESSION OF SPRAY CANS OR MARKERS BY UNDERAGE
PERSONS PROHIBITED:
No person under the age of 18 shall possess within the City any paint in a
spray can or any marker containing a fluid which is not water soluble and has a
point, brush, applicator or other writing surface of three -eighths of an inch or
greater. This prohibition shall not apply -to:
(a) A child using paint or a marker while under the
immediate supervision of his or her parent or legal guardian;
(b) A student using paint or a marker while under the
immediate supervision of his or her teacher;
(c) An employee using paint or a marker at the direction
and under the supervision of his or her employer.
9-5-31: AIDING OR ASSISTING UNDERAGE PERSON IN OBTAINING
PAINT SPRAY CANS OR MARKERS PROHIBITED:
No person shall aid, assist or abet a person under the age of 18 in
obtaining possession of paint in a spray can or any marker containing a fluid
which is not water soluble and has a point, brush, applicator or other writing
surface of three -eighths of an inch or greater. This prohibition shall not apply to:
(a) A parent or legal guardian assisting and supervising
his or her own child or ward in the use of paint or a marker;
(b) A teacher assisting and supervising his or her
students in the use of paint or a marker;
•
•
•
2
1
• 112-0-98
(c) An employer assisting and supervising his or her
employee in the use of paint or a marker.
9-5-32: POSSESSION OF SPRAY PAINT CANS OR MARKERS WITH
INTENT TO DEFACE PROHIBITED:
(a) It shall be unlawful for any person to possess a spray paint
container, liquid paint or any marker containing a fluid which is not water
soluble and has a point, brush, applicator or other writing surface of three -
eighths of an inch or greater, or any etching equipment or etching
materials on the property of another or in any public building or upon any
• public facility with intent to use the same to deface any building, structure
or property. It shall be a defense to an action for violation of this
subsection that the owner, manager or other person having control of the
property, building or facility consented to the presence of the paint or
marker. - - -
(b) It shall be unlawful for any person to possess a spray paint
container, liquid paint or any marker containing a fluid which is not water
soluble and has a point, brush, applicator or other writing surface of three -
eighths of an inch or greater, or any etching equipment or etching
materials, on the public way with intent to use the same to deface any
• building, structure or property.
3
t
112-0-98
(c) For purposes of this section, "etching equipment" and
"etching materials" include any tool, device, equipment or substance that
can be used to make permanent marks on metal, glass, plastic, concrete
or stone.
(d) Any person who violates any provision of this section shall
be subject to a fine of not less than $500.00 for each offense.
9-5-33: VIOLATION -- PENALTY:
Any person violating Sections 9-5-29 through 9-5-31 of this Chapter shall
be fined not less than $200.00 nor more than $500.00 for each offense. Every
day such violation continues shall constitute a separate and distinct offense
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: That this ordinance shall be in full force and effect from -and after
its passage, approval, and publication in the manner provided by law.
Introduced
Adopted:
1999
2 iu1 d� mac. , 1999
J Y,1
AP ed: I , 1999
1 Mayor
•
E
2
•
ATTEST:
(I /
rC�i Jerk
i 1
Approved ,-s to form:
\� \—A -'�
—,—\
C4poration Counsel
•
112-0-98
5
•
•
LJ