[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.]
GENERAL REFERENCES
Littering — See Ch. 50.
Property maintenance — See Ch. 64.
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.