A Substitute Ordinance relating to the display of spray paint and wide-tipped markers
Curreynty, every person who owns, conducts, operates or manages a retail commercial establishment selling spray paint or wide-tipped markers is required to display such paint or markers in such a way as to make then inaccessible to a customer present in the area allocated for customer use without assistance from anemployee of that establishment.
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Under this ordinance, if the person chooses not to comply with these display requirements, he or she may display such items such that mirrors, cameras or personnel can readily observe customers during all times that such establishment is open to the public.
In addition, the ordinance modifies the definitions of "spray paint" and "wide-tipped" markers as well as the language in the required warning signs placed in retail commercial establishments.
Part 1. Section 106-34-1-b and c of the code is repealed and recreated to read:
106-34. Sale of Spray Paint and Wide-Tipped Markers to Minors.
1. DEFINITIONS.
b. "Spray paint" means any container, regardless of the material from which it is made, which is made or adapted for the purpose of spraying paint.
c. "Wide-tipped markers" means any indelible marker or similar implement with a tip which, at its broadest width, is 1/4 inch or greater.
Part 2. Section 106-34-3-1 and b of the code is repealed and recreated to read:
3. DISPLAY OF SPRAY PAINT AND WIDE-TIPPED MARKERS.
a. Place a sign in clear public way view (sic) at or near the display of such products stating:
GRAFFITI IF AGAINST THE LAW. THE DEFACING OR PUBLIC OR PRIVATE PROPERTY IS PUNISHABLE BY A FINE OF UP TO $5,000 OR IMPRISONMENT FOR UP TO 90 DAYS.
b. Place a sign in the direct view of persons responsible for accepting customer payment for spray paint, wide-tipped markers stating:
SELLING SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER 18 YEARS OF AGE IS AGAINST THE LAW. VIOLATORS CAN BE FINED UP TO $5,000 OR IMPRISONED UP TO 90 DAYS.
Part 3. Section 106-34-3-d of the code is created to read:
d. Display such items, if the person chooses not to comply with the display requirements set forth in par.c, such that mirrors, cameras or personnel can readily observe customers during all times such establishment is open to the public.
APPROVED AS TO FORM ON July 7, 1994.