It has become apparent that the use of pens, writing and artistic devices,
spray cans and marking devices used in connection with the writing of graffiti
on walls and other places of buildings and property has reached such significant
levels and proportions that immediate local attention should be given this
matter by this municipality. The defacing of such property and the use of
foul language in many of the writings is harmful to the general public and
violative of the good and welfare of the citizens, residents and people of
the City. It is the further intent of the Common Council that any person guilty
of writing graffiti on buildings and property shall be punished so that the
punishment shall fit the offense.
No person shall write, paint or draw any inscription, figure or mark
of any type on any building, public or private, or any other property, real
or personal, owned, operated or maintained by any public benefit corporation,
the City or by any person, firm or corporation or any agency or instrumentality
thereof.
It shall be a violation of this chapter for any person to carry an aerosol
can of paint with the seal broken or an opened magic marker in any public
building or other public place or facility with intent to use same to deface
property.
Any person who violates §
432-2 or
432-3 of this chapter shall be punished by a fine of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense, or imprisonment for not more than 30 days, or by both such fine and imprisonment.
Under the authority of § 91 of the General Municipal Law of
the State of New York, any person who shall provide information which leads
to the detection, arrest and conviction of any other person of a violation
of this chapter shall be entitled to a reward equal to 1/2 of any fine imposed
by the court, but in no event greater than $1,000.
[Amended 3-13-2000]
It is the responsibility of the owner, or the agent of the owner, of
the building or structure which has been defaced to completely remove said
graffiti from the building or structure within 10 days of receipt of written
notice of the defacement by the Commissioner of Public Safety, or his designee,
said notice served personally or as otherwise permitted by law.
[Amended 3-13-2000]
Failure of the owner of the building or structure to remove the graffiti
within the time allowed after written notice may subject the owner to a fine
of not more than $500 for the first offense. Each thirty-day period thereafter
where the owner fails to take action shall be deemed a separate offense and
shall subject the owner to additional fines not to exceed $1,000 for each
offense.