Agenda Package - 06-01-09 - Laserfiche WebLink

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6 °i I(, equipment, by employees of the retail establishment during the regular course of business. (2) In the event that a commercial retail establishment is unable to store the graffiti implements in an area as provided above, the establishment shall store the graffiti implements in an area not accessible to the public in the regular course of business without employee assistance. (c) Signage Required. Every person who operates a retail commercial establishment selling graffiti implements shall: (1) Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the Law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to thirty (30) days and/or a fine up to $1,000.00." (2) Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped markers to persons under the age of eighteen (18) years of age is against the law and punishable by a fine up to $1,000.00. (d) The provisions of this section shall not be effective until (45) forty-five days following written notice from the Town to the owner/operator of the commercial retail establishment. Written notice shall be deemed accomplished by the First Class postage mailing of a copy of this ordinance to the address of the property occupied by the establishment as listed with the Johnston or Wake County Tax Office and to the address of the Commercial establishment listed with the Town's water billing office. 132.04 Penalties. (a) Fines and Imprisonment. Any person violating this Ordinance shall be punished by a fine of two hundred and fifty dollars ($250.00) for the first offense; five hundred ($500.00) for the second offense; and one-thousand ($1,000.00) for each subsequent offense, or by imprisonment for a term not to exceed sixty (60) days, or by both fine and imprisonment at the discretion of the court. (1) In the case of a minor, the parents or legal guardian shall be jointly and severely liable with the minor for a civil penalty equal in amount to the fine set forth herein, to be recovered by the Town in a civil action in the nature of a debt. (2) Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents' or legal guardian's property that includes the fine and administrative costs. (3) Upon an application and finding of indigence, the court may • decline to order fines against the minor, parents or guardian. Page 3 of 4