Mississauga council is considering a ban to prevent anyone younger than 18 from buying spray paint, broad-tipped markers or glass-cutting tools, dubbed “graffiti implements.”

The term is included in a draft bylaw that was before council Wednesday, a possible response to a graffiti problem one councillor describes as out of control.

“All of the (current) measures are reactive, after there’s hundreds of thousands of dollars of damage,” Councillor Pat Saito told council. She sits on council's graffiti committee and says Peel Police asked her to introduce the bylaw to help curb the vandalism being done to public and private property.

Saito told the Star that just one tagging incident in her ward cost the city $50,000. “And that doesn’t include what it cost the school board in damage or one of the utilities that had property damaged in the incident.” She said the graffiti in that incident was fairly extensive and that several people were arrested.

Other councillors and Mayor Hazel McCallion said they would not support the bylaw, mainly because it would be hard to enforce: People could still lay their hands on those materials in a neighbouring municipality or online, or anywhere if at least 18.

Council decided to defer the issue and have a staff report recommending against the bylaw go back to the graffiti committee.

The draft bylaw would allow minors to buy spray paint, broad-tipped markers and glass etching tools only if accompanied by a parent or guardian.

“I agree with the staff report,” McCallion said. “I don’t think we should undertake the ban.” She said the bylaw would put the onus on stores that currently sell such products to enforce it, and council needs to be careful about over-extending its role as a legislative body.

Councillor Jim Tovey suggested the cost of enforcement would balloon from the $88,000 the staff report said it would cost to hire an extra bylaw officer.

Councillor Ron Starr said a ban would punish law-abiding youths who need such implements for other reasons. “What we do is penalize a hundred thousand art students,” he said, suggesting it’s a tiny number who are responsible for the city's graffiti problem. “I'd rather spend the money on education.”

But Saito pressed on, saying London already has such a ban in place and Toronto has considered one.

In May 2010, Toronto Councillor Sandra Bussin suggested such a ban, even though city lawyers had dismissed the idea years earlier because it was probably unenforceable and possibly violates Charter rights. Bussin was not re-elected later that fall and the issue has not been addressed again.

Saito said not enough is being done to curb Mississauga’s growing graffiti problem. “The current punishments are a joke,” she said. “Having to write a letter is a big joke to these kids.” She also said fines, usually under $200, are not a deterrent.

“It’s too easy. Everything we’re doing is reactive.”

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She said she’s happy the report and the draft bylaw are being referred to the graffiti committee.

“Peel police asked for this ban; they need to be part of the dialogue. The people who have spent months and years on this should be involved.”

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