Coaldale hopes to keep graffiti tools from youngsters

Tonight, council may ban sale of spray paint and markers to minors.

By Christopher R. Mena | Special to The Morning Call
July 10, 2007
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Attempting to curb graffiti, Coaldale council wants to punish retailers who sell spray paint and markers to minors.

Borough Council tonight will consider an ordinance that would make it illegal to sell the items to anyone under 18 unless it can be proven the purchases are for educational or employment purposes.

Retailers would face penalties if they display the items in an open area where they could be obtained without help from an employee.

The ordinance also gets tough on minors themselves, making it illegal for anyone under 18 to possess spray paint or marking pens ''with intent to use'' them ''to deface a building, facility or property.''

Violating the ordinance would carry a fine of up to $300 or a jail term of up to 30 days.

The proposed ordinance does not specify which kind of markers would be in violation or how police would determine what use was intended for them or spray paint. Instead, it says that if a person has ''no legitimate or lawful purpose to have the items, it will be presumed they have the intent to deface.''

The ordinance would let minors buy spray paint or markers if they are to be used for educational or employment purposes. Written documentation would have to be provided by the employer, parent or educator along with contact information, and would have to include the youth's name and the purpose for the items.

Other provisions of the ordinance say any person caught defacing property with graffiti would be liable for the cost of removing it.

However, anyone whose property is defaced would have no more than 10 days after a written notice to have the graffiti removed or covered over. An extension can be requested, but the additional time would not be more than 20 days.

Tamaqua adopted a similar ordinance in September 2005 in hopes of curbing graffiti that was believed to be a sign of gang activity.

Tamaqua Borough Council Vice President Stephen Tertel said adopting the ordinance helped curb graffiti.

''It would have been a growing problem in this day and age,'' he said.

Since the ordinance went into effect, he said, ''I haven't seen any graffiti.''

Christopher R. Mena is a freelance writer.