Village of Harriman, NY Chapter 99 Peace and Good Order

[HISTORY: Adopted by the Board of Trustees of the Village of Harriman as indicated in article histories. Amendments noted where applicable.]

Article I Spray Paint and Graffiti

[Adopted 12-21-1988 as Ch. 99, Art. I, of the 1988 Code]

§ 99-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

COMMUNITY SERVICE

Any organization or program employed by the criminal courts or judiciary to provide for appropriate alternative sentences to fine or imprisonment.

DEFACE

To mar the face or surface of, disfigure, injure or spoil the appearance of.

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.

§ 99-2 Prohibited acts.

A. 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 the case of public property, of the person having charge, custody or control thereof, any graffiti upon:

(1) The property, public or private building, church, synagogue, statue, monument, office, public passenger vehicle, bridge, mass transit equipment or facility, dwelling or structure of any kind, including those in the course of erection.

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

B. 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 permission of the owner or proprietor thereof or, in the case of public property, of the person having charge, custody or control thereof.

§ 99-3 Penalties for offenses.

Any person who violates this article shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both. The court may, in its discretion, suspend the fine if the offender agrees to and does in fact restore the property to the condition it was in prior to its destruction, damage or defacement or agrees to and does 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 making this determination, the court shall also consider recommendations made by the victim.