[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 4-25-1988 by L.L. No. 5-1988. Amendments noted where
applicable.]
A.
The Board of Trustees finds that, for the health,
safety and welfare of the residents of the Incorporated Village of
Valley Stream, the laws designed to deter the defacement of public
and private property through the use of aerosol spray paint cans,
broad-tipped indelible markers and other marking devices should be
developed and strengthened. The Board finds further that such defacement
of property is most often committed by persons under 18 years of age,
using aerosol spray cans and broad-tipped indelible markers; that
such aerosol cans or markers are frequently stolen from retail stores
by such persons; that such persons infrequently have a legitimate
need for such aerosol cans or markers; that, where such a need exists,
such aerosol cans or markers may be furnished by a parent or guardian
and, therefore, that within the Village of Valley Stream the sale
of such aerosol cans and markers to such persons should be prohibited;
and that persons engaged in the retail sale of such aerosol cans and
markers should be required to take reasonable steps to prevent the
theft of such cans and markers. Further, it is the recommendation
of the Board that, where appropriate, the Village Court requires those
who commit acts of defacement to restore the property so damaged or
to perform suitable alternative community service pursuant to the
Court's direction.
B.
The Board of Trustees also finds that, for the health,
safety and welfare of the residents of the Incorporated Village of
Valley Stream, the laws designed to require and mandate the repair
and cleanup of defaced and graffiti-covered private buildings must
be developed and strengthened. Therefore, the Board recommends that
within the Village the owners of graffiti-marked buildings should,
after reasonable notice by proper Village officials, remove the graffiti
and/or be fined accordingly.
A.
No person shall write, paint or draw any inscription,
figure or mark of any type on any public or private building or other
structure or on any other real or personal property, regardless of
whether said property is publicly or privately owned, operated or
maintained, unless the express permission of the owner, tenant, licensee
or operator has been obtained.
B.
No person shall carry an aerosol spray paint can or broad-tipped indelible marker into any public building or other public facility with the intent to violate the provisions of Subsection A of this section.
C.
No person shall sell or offer to sell an aerosol spray
paint can, silly string or similar product, or broad-tipped indelible
marker to any person under 18 years of age.
[Amended 10-6-1997 by L.L. No. 8-1997]
D.
No person who sells or offers for sale aerosol spray
paint cans, silly string or similar product, or broad-tipped indelible
markers shall place such cans or markers on display but shall display
only facsimiles of such cans or markers containing no paint, silly
string or ink.
[Amended 10-6-1997 by L.L. No. 8-1997]
E.
For the purpose of this section, the term "broad-tipped
indelible marker" shall mean any felt-tip marker or similar implement
containing a fluid that is not water soluble and which has a flat
or angled writing surface 1/2 inch or greater.
F.
Owners of all buildings and structures defaced by
graffiti shall have the defacements and graffiti removed. The Village
shall serve a notice which will require that all graffiti or defacement
shall be removed and the surface finish restored within a seven-day
period.
[Amended 11-18-2013 by L.L. No. 11-2013]
[Amended 7-20-1992 by L.L. No. 6-1992; amended 7-16-2018 by L.L. No. 3-2018]
A.
A violation
of any of the provisions of this chapter or any part thereof shall
constitute disorderly conduct, and such person shall be and is hereby
declared a disorderly person punishable by a fine not to exceed $2,000
and/or 15 days in jail.
B.
All fines
provided for in this chapter may hereafter be changed from time to
time by resolution of the Board of Trustees.
All ordinances, local laws or resolutions or
parts of ordinances, local laws or resolutions of the Incorporated
Village of Valley Stream inconsistent with the provisions of this
chapter are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency, and in all respects this
chapter shall be in addition to other legislation regulating and governing
the subject matter covered by this chapter.
If any section, paragraph, subdivision or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
This chapter shall take effect immediately as
provided by law.
