[HISTORY: Adopted by the Town Board of the Town of Niagara 2-15-2011 by L.L. No.
1-2011. Amendments noted where applicable.]
It is the intention of the Town Board of the Town of Niagara
to promote the health, safety and welfare of the residents of the
Town by adopting this chapter designed to deter the defacing of public
and private property through the use of aerosol spray cans, broad-tip
markers, pens and writing and artistic devices.
For the purpose of this chapter, the words and phrases set forth
below shall be defined as follows:
Any felt-tip marker or similar implement containing fluid
or coloring matter and which has a flat or angled writing surface
of greater than 1/4 square inch.
To mark the face or surface, or disfigure, injure or spoil
the appearance.
Any writing, painting, drawing, staining, carving, etching,
or other marking, made by the use of chalk, paint, ink, aerosol spray
can, knife, pencil or any other marking device and/or material, of
any work, name, lettering, inspection, figure, design or other representation
made upon a portion of a building and/or structure without the consent
of the owner. Signs erected, created and constructed in accordance
with the provisions of the Town of Niagara Town Code are not included
in the above definition.
Any instrument or similar implement that contains an ink
fluid or similar coloring matter.
Any crayon, pastels stick, charcoal and paint.
A.Â
No person shall write, paint, spray or draw any work, inscription,
design, figure or mark of any type on any public or private building
or other structure or any other real or personal property owned, operated
or maintained by the Town or any agency or instrumentality thereof
or by any person, firm or corporation unless the express permission
of the owner or operator of the property has been obtained.
B.Â
No person shall carry an aerosol spray-paint can, broad-tipped marker, pen or writing or artistic device into any public and/or private building or other public and/or private facility with the intent to violate the provisions of Subsection A of this section.
C.Â
Any person who violates this section by placing graffiti on a structure
shall be subject upon conviction to a fine of not more than $250,
or by imprisonment for a period not exceeding 15 days, or by both
such fine and imprisonment. Each day that the graffiti is permitted
by such person to remain without permission on such structure, and
not removed by such person, shall constitute a separate offense.
The parent or legal guardian, other than the state or local
social services department or foster parent, of any minor over the
age of 10 and under 18 that violates any provision of this chapter
shall be held liable for any damages and/or cleanup costs that result
from a violation of Subsection A or B of § 1673.
A.Â
It shall be the responsibility of every owner and/or occupant of
any building and/or structure which has been defaced by graffiti to
remove or cover the graffiti and to restore the surface area of the
building and/or structure within 30 calendar days of the defacement.
The responsibility to remove or cover graffiti and to restore the
surface area of a building and/or structure shall lie notwithstanding
that the owner and/or occupant may not have created the graffiti.
The failure of an owner and/or occupant of any building and/or structure
to remove said graffiti within the time prescribed or to contract
with the Town for such removal as hereinafter provided shall be subject
to the penalties set forth herein.
B.Â
Failure of a property owner to remove graffiti within 30 days of
the date of a Notice of Violation to remove graffiti mailed to the
property owner by regular mail by the Department of Inspections shall
subject the violator, upon conviction of such violation, to a fine
of not more than $250, or by imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment. Each day that a violation
is permitted to exist shall constitute a separate offense. In addition,
the Building Inspector may direct Town employees to remove graffiti
upon expiration of the above thirty-day period, and cause a report
of the cost of labor and materials to be submitted to the Town Board,
who shall be authorized to place a lien for said cost against the
property where such work was performed.
The Building Inspection Department of the Town of Niagara and/or
any other law enforcement agency are hereby authorized to issue appearance
tickets in the enforcement of this chapter.
If any clause, sentence, paragraph, section or part of any section
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraphs, section or part thereof in the controversy and in which
such judgment shall be been rendered.
