City of Rye, NY Chapter 104 Graffiti

[HISTORY: Adopted by the Council of the City of Rye 5-20-1992 as L.L. No. 7-1992. Amendments noted where applicable.]

§ 104-1 Intent.

It has become apparent that the use of pens, writing and artistic devices and spray can 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 of Rye. It is the further intent of this legislation that any person guilty of writing graffiti on buildings and property shall be punished so that the punishment shall fit the offense.

§ 104-2 Prohibited acts.

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 of Rye or by any person, firm or corporation, or any agency or instrumentality thereof, without the express written permission of the owner of the property or his agent.

§ 104-3 Penalties for offenses.

And person who violates § 104-2 of this chapter shall be punished by a fine of not more than $500 for a first offense and of not more than $1,000 for a second or subsequent offense or imprisonment for not more than 15 days, or by both such fine and imprisonment.

§ 104-4 Reward.

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.

§ 104-5 Responsibilities of owner.

It is the responsibility of the owner, or his agent, of the building or structure which has been defaced without the owner's, or his agent's, prior written permission by a writing, painting or drawing of any inscription, figure or mark to completely remove said graffiti from the building or structure within 10 days of receipt of written notice of the defacement by the Police Commissioner or his designee, said notice having been served personally or as otherwise permitted by law.

§ 104-6 Failure of owner to comply.

[Amended 8-14-2002 by L.L. No. 4-2002]

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 civil proceedings or criminal prosecution as authorized by Chapter 108, Article VIII, of the Code.

§ 104-7 Sale prohibited.

[Added 7-15-1992 by L.L. No. 12-1992]

A. No person shall sell or offer to sell an aerosol spray paint can or broad-tipped indelible marker to any person under 18 years of age.

B. 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.

§ 104-8 Penalty for illegal sale.

[Added 7-15-1992 by L.L. No. 12-1992]

Any person who violates the above provisions relating to the sale of aerosol spray paint cans or broad-tipped indelible markers shall be subject to a civil penalty of not more than $250.