Number
041220
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. ZIELINSKI
Title
A substitute ordinance relating to restricting the sale and possession of etching cream and establishing a graduated penalty for persons convicted of graffiti-related vandalism.
Sections
106-34-0 am
106-34-1-a rn
106-34-1-a cr
106-34-1-b rn
106-34-1-c rn
106-34-2 am
106-34-3-0 am
106-34-3-b am
106-34-3-c am
110-15.5-2 rc
Analysis
Currently, the penalty for persons convicted of graffiti-related vandalism is a forfeiture of $500 to $5,000, regardless of the dollar amount of defacement, damage or destruction caused. This ordinance establishes that if the amount of damage to physical property is $500 or less, the penalty for persons convicted of graffiti-related vandalism is a forfeiture of $500 to $2,000 per violation, and, if the amount of damage is more than $500, the penalty is a forfeiture of $1,000 to $2,000 per violation. In addition, this ordinance restricts for any person under the age of 18 the sale and possession of etching cream.
Body
Whereas, Graffiti is a serious vandalism problem that demonstrates the violator's disrespect for other people's property and for the values of the community as a whole; and
Whereas, Graffiti-related vandalism has evolved to include the use of acid-based glass etching cream which acts as liquid sandpaper on glass and is being used to destroy windows and store fronts; and
Whereas, Because the use of this cream constitutes a more egregious attack against physical property, it is appropriate to restrict the sale of etching cream and impose a higher penalty on graffiti vandals who cause a greater dollar amount of defacement, damage or destruction to physical property; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-34-0 of the code is amended to read:
106-34. Sale of Spray Paint>>, Etching Cream<< and Wide-Tipped Markers to Minors.
Part 2. Section 106-34-1-a to c is renumbered 106-34-1-b to d.
Part 3. Section 106-34-1-a is created to read:
1. DEFINITIONS.
a. "Etching cream" means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.
Part 4. Section 106-34-2 of the code is amended to read:
2. PROHIBITED CONDUCT. a. Sale of Spray Paint>>, Etching Cream<< and Wide-Tipped Markers to Minors. No person, firm, or corporation, except a parent or legal guardian, employer, teacher or other person authorized to supervise minors, may sell or give away or in any way furnish spray paint>>, etching cream<< or wide-tipped markers to any person under the age of 18.
b. Possession of Spray Paint>>, Etching Cream<< and Wide-Tipped Markers. No person under the age of 18 may possess spray paint>>, etching cream<< or wide-tipped markers in a public or private place, without the express permission of the owner or operator of the property.
Part 5. Section 106-34-3-0 of the code is amended to read:
3. DISPLAY OF SPRAY PAINT>>, ETCHING CREAM<< AND WIDE-TIPPED MARKERS. Every person who owns, conducts, operates or manages a retail commercial establishment selling spray paint>>, etching cream<< or wide-tipped markers shall:
Part 6. Section 106-34-3-b and c of the code is amended to read:
b. Place a sign in the direct view of persons responsible for accepting customer payment for spray paint,>> etching cream and<< wide-tipped markers stating:
SELLING SPRAY PAINT>>, ETCHING CREAM<< OR WIDETIPPED MARKERS TO PERSONS UNDER 18 YEARS OF AGE IS AGAINST THE LAW. VIOLATORS CAN BE FINED UP TO $2,000 OR IMPRISONED UP TO 90 DAYS.
c. Display such paint>>, cream<< or markers in such a manner as to make them inaccessible to a customer present in the area allocated for customer use without assistance from an employe of that establishment.
Part 7. Section 110-15.5-2 of the code is repealed and recreated to read:
110-15.5. Vandalism - Graffiti Related.
2. PENALTIES. a. Any person convicted of violating this section shall forfeit not less than $500 nor more than $2,000 per violation, or upon default of payment be imprisoned for not more than 80 days, if the amount of defacement, damage or destruction to physical property is $500 or less.
b. Any person convicted of violating this section shall forfeit not less than $1,000 nor more than $2,000 per violation, or upon default of payment be imprisoned for not more than 80 days, if the amount of defacement, damage or destruction to physical property is more than $500.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Drafter
LRB04501-2
RGP
1/20/2005