Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 6-22-1992 as L.L. No. 5-1992. Amendments noted where applicable.]

§ 182-1 Findings.

The Board of Trustees of the Incorporated Village of Massapequa Park hereby finds and declares that graffiti poses a serious problem for our residents and merchants. The unabated proliferation of graffiti is a physical blight upon the landscape of our village and costs taxpayers, merchants and homeowners substantial moneys to remove and repair. The Board also finds that, when unchecked, graffiti presents an image of a deteriorating community, a community that no longer cares about itself.

§ 182-2 Defacement of property.

A. 
Possession of any aerosol spray paint can or broad-tipped indelible marker or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon any public or private property, by any person in the proximity of any defacement, without the prior express written consent of the owner or operator of the property having been obtained, shall create a rebuttable presumption that such person did deface public or private property in violation of this chapter.
B. 
A person is guilty of possession of a graffiti instrument(s) when he possesses any aerosol spray paint can or broad-tipped indelible marker or tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise place a mark upon, unless the express prior written permission of the owner or operator of the property has been obtained.

§ 182-3 Prohibited acts.

No person shall sell or offer to sell an aerosol spray paint can or broad-tipped indelible marker or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property to any person under the age of eighteen (18) years.

§ 182-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BROAD-TIPPED INDELIBLE MARKER
Any felt-tipped marker or similar marker containing fluid.

§ 182-5 Penalties for offenses.

Any person who has been found guilty of any violation of the provisions of this chapter shall be punished by a mandatory minimum fine of two hundred fifty dollars ($250.) for each violation thereof and/or shall be imprisoned up to fifteen (15) days in jail, or both. In addition, that person, in the court's discretion, shall be liable for the cost of removing said graffiti from the property so defaced as part of his punishment pursuant to the violation of this chapter or to perform suitable alternate community services pursuant to the court's discretion.

§ 182-6 Removal of graffiti; costs.

[Added 11-22-1993 by L.L. No. 13-1993]
A. 
Requirement to remove graffiti. The occupant, lessee, sublessee, agent or landlord of any commercial or residential premises located within the Incorporated Village of Massapequa Park which has any form of graffiti on any building, structure or accessory structure or building shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface using the same color paint as existed previously on a defaced surface, within one (1) week after written notice to the occupant, lessee, sublessee, agent or landlord by the Incorporated Village of Massapequa Park to remove the same.
B. 
Remedy of village. If said graffiti condition is not cured or corrected within one (1) week after written notice by the village, then the village shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises as set forth above, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, sublessee, agent or landlord of said building or structure or accessory building or structure. The actual cost of the removal of the graffiti and/or repainting, plus the cost of the inspection of said graffiti and/or repainting and other costs incidental to such removal, shall thereupon become a lien upon the real property upon which the graffiti was found to be and shall be added to and become a part of the taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as taxes.