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Consumer Affairs Press Office
FOR IMMEDIATE RELEASE:
March 22, 1998

CONSUMER AFFAIRS ANTI-GRAFFITI CRACKDOWN SEEKS TO DRY UP THE FLOW OF SPRAY PAINT AT THE SOURCE

Commissioner Jules Polonetsky Says DCA's First-Ever Enforcement Against Stores Selling Spray Paint to Minors Could Result in Fines Totaling $40,000

As part of the Giuliani Administration's ongoing effort to eradicate graffiti from the streets of Big Apple, Consumer Affairs Commissioner Jules Polonetsky today announced that the Department of Consumer Affairs (DCA) is stepping up its efforts in the fight against graffiti vandals. In a recent city-wide, under-cover enforcement, DCA inspectors “tagged” 21 merchants who illegally sold or displayed spray paint to minors with 27 violations, carrying fines of up to $350 per count. 

Commissioner Polonetsky made the announcement at Whitehall Hardware in downtown Manhattan, one of the stores surveyed in a recent DCA enforcement initiative that refused to sell spray paint to an undercover teen volunteer.

“The quality of life initiatives of the Giuliani Administration have transformed New York City in to a cleaner, brighter place by drastically reducing the amount of graffiti in public places,” said Commissioner Polonetsky. “But we are not letting up in the battle against graffiti vandals. DCA is committed to attacking this menace at its source, and we will make sure that merchants don't allow these criminals easy access to the tools of their illegal trade.” 

DCA's recent anti-graffiti enforcement found that 19 of the 43 stores surveyed (44%) broke the city’s anti-graffiti law by selling spray paint to minors. In all, violations were issued to 21 stores: 13 were cited for illegally selling spray paint to minors; two were cited for the improper display of these items; and six were cited for both illegal sale and display. 

The undercover enforcement sweep was conducted February 17 - March 10, 1998. DCA inspectors carried out the undercover sweep with the assistance of 16 teens, ages 14- 17, with written parental consent. The violations issued in this sweep are the first of its kind. In 1995, as part of an outreach effort to educate businesses about the law against selling graffiti to minors, DCA inspectors issued only warnings and educational literature to merchants who sold spray paint to undercover teens. 

“Recent DCA enforcement initiatives have cracked down on merchants who illegally sell hazardous products to minors, such as tobacco, box cutters, and now graffiti paint. The results of these quality of life enforcement initiatives show an improving level of compliance among smaller, neighborhood merchants -- a positive trend for communities across the city,” said Commissioner Polonetsky. “But those stores that flout the law must realize that DCA inspectors will be watching to see if they continue to give vandals the tools they need to make their mark on the city.”

“The Giuliani Administration has taken great strides towards making New York City graffiti free. DCA will not allow merchants to undermine that effort by selling spray paint to would-be graffiti vandals who tarnish the shine of the Big Apple,” the Commissioner added.

According to the enforcement results, graffiti vandals have the toughest time buying spray paint in Manhattan, and merchants in Queens are most likely to make an illegal sale. 


Borough Locations Sold to Minor Percent
Manhattan 11 3 27%
Bronx 7 4 57%
Brooklyn 8 3 38%
Queens 11 7 64%
Staten Island 6 2 33%
Citywide Totals 43 19 44%

Wiping out graffiti vandalism has been one of the pillars of the Giuliani Administration’s quality of life campaign. In 1995, Mayor Giuliani created the Anti-Graffiti Task Force, a multi-agency initiative to combat the problem of graffiti vandals. Title 10-117 of the New York Administrative Code bands the sale of aerosol spray paint cans to children under 18. The law also requires that merchants who sell spray paint must lock it in a case or display them behind a counter, out of reach from potential shoplifters. Violations of the city’s anti-graffiti law carry fines of $350 per count.

Commissioner Polonetsky urged consumers to notify him of businesses that illegally sell spray paint to children. Consumers should send a postcard or letter to:

New York City Department of Consumer Affairs
42 Broadway -- 8th Floor
New York, NY 10004

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