[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 9-27-1993 as L.L. No. 4-1993. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Bayville hereby finds and declares that graffiti poses a serious problem for our residents and merchants. The unabated proliferation of graffiti is a physical blight upon the landscape of our village and costs taxpayers, merchants and homeowners substantial moneys to remove and repair. The Board also finds that, when unchecked, graffiti presents an image of a deteriorating community, a community that no longer cares for itself.
As used in this chapter, the following terms shall have the meanings indicated:
- BROAD-TIPPED MARKER
- Any felt-tip marker or similar implement containing a fluid or coloring matter and which has a flat or angled writing surface greater than one-fourth (1/4) square inch.
- The intentional etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property which the actor had no right to mark and no reasonable ground to believe that he/she had such right.
No person shall make graffiti of any type on any building, public or private, or on any other property, real or personal, owned by any person, firm or corporation or any public agency or instrumentality without the express permission of the owner or operator of said property.
No person shall possess any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark under circumstances evincing an intent to place a mark upon property which the actor has no right to mark and no reasonable ground to believe that he/she has such right.
No person shall sell or offer to sell an aerosol spray paint can or broad-tipped marker or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property to any person under the age of eighteen (18) years.
Anyone selling graffiti instrument(s) to a minor or to anyone he knew would use it for an illegal purpose shall be held liable for any damages and/or cleanup costs that result from the violation.
It is the responsibility of the owner, or his agent, of the building or structure which has been defaced with graffiti to completely remove said graffiti from the building or structure within ten (10) days of receipt of written notice of the defacement by the Building Inspector or his designee, said notice having been served personally or as otherwise permitted by law.
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 two hundred fifty dollars ($250.) for the first offense. Each ten-day period thereafter shall be deemed a separate offense and shall subject the owner to additional fines not to exceed two hundred fifty dollars ($250.) for each 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 ten (10) and under eighteen (18) that violates any provision of this chapter shall be held liable for any damages and/or cleanup costs that result from said violation.
Any person who has been found guilty of any violation of the provisions of this chapter shall be punished by a mandatory minimum fine of two hundred fifty dollars ($250.) for each violation thereof and/or shall be imprisoned for up to fifteen (15) days in jail, or both. In addition, that person, in the court's discretion, shall be liable for the cost of removing said graffiti from the property so defaced as part of his punishment pursuant to the violation of this chapter or to perform suitable alternate community services pursuant to the court's discretion.
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, paragraph or section or part thereof directly involved in the controversy and in which such judgment shall have been rendered.
This chapter shall take effect immediately.