City of Middletown, NY Graffiti

An inscription, figure, mark or design which is written, scratched, painted or drawn on a wall, building, monument, statue, rock or any other surface.

§ 288-3 Legislative intent; recommendation.

The use of broad-tipped pens, aerosol spray paint cans or other marking devices used in connection with writing graffiti on walls, public and private buildings, statues, monuments and other structures has become a problem in the City of Middletown requiring punishment of those responsible. The defacing of such public property and the use of foul language in graffiti writing is harmful to the general public and is violative of the good and welfare of the people of the City of Middletown. Therefore, Common Council intervention is necessary and advisable to regulate the distribution and sale of aerosol cans and similar products used in writing graffiti. Punishment by fine or imprisonment, insofar as our youthful offenders are concerned, has failed to stop this type of vandalism. It is the intent of the Common Council that any person guilty of writing graffiti on public or private buildings or structures should be punished so that the punishment shall fit the crime. The Common Council, accordingly, recommends to the judiciary, when an offender has been convicted of violating this chapter, that he be sentenced to remove graffiti under the supervision of those agencies designated by the judiciary to supervise offenders sentenced to community service.

§ 288-4 Prohibited acts.

No person shall write, paint or draw any word, inscription, design, figure or mark of any type without the consent and express permission of the owner or proprietor thereof, or, in case of public property, of the person having charge, custody or control thereof, any graffiti upon:

(1)

Any property, public or private, building, church, synagogue, statue, monument, office, public passenger vehicle, bridge, dwelling or structure of any kind, including those in the course of erection; and

(2)

The doors, windows, steps, railings, fencing, balconies, balustrades, stairs, porches, halls, walls, sides of any enclosure thereof or any movable property.

No person shall disfigure, cut, cover or rub with or otherwise place filth or excrement of any kind on any property stated in Subsection A(1) or (2) without the consent and express permission of the owner or proprietor thereof, or, in case of public property, of the person having charge, custody or control thereof.

Failure to remove graffiti.

[Added 2-22-2010; amended 7-16-2013]

(1)

Failure of a property owner to remove graffiti within seven days of the date of a notice of a first violation to remove graffiti mailed to the property owner by regular mail by the Department of Public Works and posted on the subject property on the date of the notice shall subject the violator, upon conviction of such offense, to a fine of not less than $250 nor more than $750 or to imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. The Commissioner of Public Works, in his or her absolute discretion, may grant an extension of the above seven-day period for good cause shown. In addition, the Commissioner of Public Works may direct City employees to remove graffiti upon expiration of the above seven-day period and cause a report of the cost of labor and materials to be submitted to the City Treasurer, who shall be authorized to place a lien for said cost against the property where such work was performed.

(2)

Failure of a property owner to remove graffiti within three days of the date of a notice of a second violation to remove graffiti mailed to the property owner by regular mail by the Department of Public Works and posted on the subject property on the date of the notice shall subject the violator, upon conviction of such offense, to a fine of not less than $250 nor more than $750 or to imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. The Commissioner of Public Works, in his or her absolute discretion, may grant an extension of the above three-day period for good cause shown. In addition, the Commissioner of Public Works may direct City employees to remove graffiti upon expiration of the above three-day period and cause a report of the cost of labor and materials to be submitted to the City Treasurer, who shall be authorized to place a lien for said cost against the property where such work was performed.

(3)

The City shall not be required to provide a property owner with notice of a third or subsequent violation. Upon the failure of a property owner to remove graffiti within 48 hours of the time of emplacement of such graffiti, the violator shall be subject, upon conviction of such offense, to a fine of not less than $250 nor more than $750 or to imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. The Commissioner of Public Works, in his or her absolute discretion, may grant an extension of the above forty-eight-hour period for good cause shown. In addition, the Commissioner of Public Works may direct City employees to remove graffiti upon expiration of the above forty-eight-hour period and cause a report of the cost of labor and materials to be submitted to the City Treasurer, who shall be authorized to place a lien for said cost against the property where such work was performed.

Failure of a property owner to cover graffiti within three days of the date of a notice of violation to cover graffiti mailed to the property owner by regular mail by the Department of Public Works and posted on the subject property on the date of the notice shall subject the violator, upon conviction of such offense, to a fine of not less than $250 nor more than $750 or to imprisonment for a period not exceeding 15 days, or to both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. The Commissioner of Public Works, in his or her absolute discretion, may grant an extension of the above three-day period for good cause shown.

[Added 7-16-2013]

§ 288-5 Penalties for offenses.

[Amended 2-22-2010]

Any person who violates any provisions of this chapter, except for the provisions contained in Subsection C of § 288-4, shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $2,500 or imprisonment for not more than one year, or both, and shall restore the property to the condition it was in prior to its destruction, damage or defacement or shall agree to and, in fact, provide restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. In the event that the person found in violation of any provision of this chapter, except for the provisions contained in Subsection C of § 288-4, cannot make restitution due to indigency, he/she shall be required to perform 30 hours of community service for each offense. In making this determination, the court shall also consider recommendations made by the victim.

§ 288-6 Rewards.

[Added 8-8-1995]

The Treasurer shall at all times maintain a fund of not less than $1,000 for the purpose of providing rewards to persons qualified to receive the same under Subsection B of this section. This fund shall be maintained and replenished with moneys provided by fines imposed by the Middletown City Court for violations of this chapter.

[Amended 1-7-2008]

Any person providing information to the City which leads to the arrest and conviction of any individual of a violation of this chapter shall be rewarded by the City with a sum of $250.