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SECTION 7.17 SPRAY PAINT - SALE TO MINORS PROHIBITED

A. No person shall, within the City, sell, display, expose or keep for sale any aerosol spray paint can, muriatic acid, any product containing lighter fluid or butane, or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface, unless at the point of display or sale there is posted a sign with letters not less than one and one-half inches in height bearing the following words: Sale of spray paint and muriatic acid, any product containing lighter fluid or butane, and/or broad indelible markers to persons under eighteen and the unlawful purchase or possession of such substances by persons under eighteen is punishable by a one hundred dollar fine.

B. No person shall make a sale or delivery of any aerosol spray paint, muriatic acid, any product containing lighter fluid or butane, and/or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface in excess of one-half inch to any person under eighteen years of age, either for his own use or for the use of his parent or any other person; provided that such seller or deliverer or agent or employee thereof, who reasonably relies on a motor vehicle license issued pursuant to section eight of chapter ninety of the General Laws of Massachusetts for proof of a person's identity and age shall be presumed to have exercised due care in making such delivery or sale to a person under eighteen years of age.

C. No person being under the age of eighteen shall purchase and/or otherwise be in possession of any aerosol spray paint, muriatic acid, any product containing lighter fluid or butane, and/or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface in excess of one-half inch or remove the same from the premises where such items are sold or delivered or conceal the same thereafter; provided that nothing in this section shall prohibit possession of these products by a minor who is using said products for a lawful purpose and is under the supervision or control of a parent, guardian, employer or teacher.

D. Violation of this ordinance may be punished in the manner provided under M.G.L. c. 41 s. 21D. Fines for violation shall be as follows:

(1) for the first offense, a fine of $25.00;

(2) for the second offense, a fine of $50.00;

(3) for the third and subsequent offense, a fine of $100.00; The Superintendent of Schools, the Director of Public Works, the Building Inspector, the Fire Chief, the Police Chief, and the Ordinance Compliance Officers or their designees shall act as enforcement officers of the within ordinance.