This chapter shall be known as the "Graffiti
and Defacement of Public and Private Property Law."
As used in this chapter, the following terms
shall have the meanings indicated:
BROAD-TIP INDELIBLE MARKER
Any felt-tip marker/pen or similar implement containing fluid
that is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
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.
ETCHING ACID
Any liquid, cream, paste, solution, compound, or similar
chemical substance that can be used to etch, draw, carve, sketch,
engrave, or otherwise alter, change or impair the physical integrity
of glass or metal.
GRAFFITI
An inscription, word, figure, painting, drawing, covering
mark or design which is written, scratched, painted or drawn upon
any wall, building, monument, statue, structure, rock, or upon any
other surface without the permission of the owner.
[Amended 7-16-2013 by L.L. No. 9-2013; 12-13-2022 by L.L. No. 9-2022]
It is the responsibility of the owner, and/or his or her agent,
and/or his or her person-in-charge of any building or structure which
has been defaced with graffiti to completely remove said graffiti
from the building or structure within 15 days of receipt of written
notice of the defacement by the Town of Islip.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid or unconstitutional, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy and in which such judgment shall have
been rendered.
The provisions of this chapter shall be in addition to, and
not in lieu of, nor construed to be in conflict with, the provisions
of Penal Law of the State of New York, nor any other local law or
ordinance of the County of Suffolk or the Town of Islip, and are not
deemed to be exclusive of any other remedies available under any application
of federal, state, or local law, and it is within the discretion of
the authorized enforcement agency to seek cumulative remedies.
This chapter shall be in full force and effect immediately upon
filing with the Secretary of State of the State of New York. All prior
laws and parts of law in conflict with this chapter are hereby repealed.