[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 9-27-1993 by 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:
Any felt-tip marker or similar implement containing a fluid
or coloring matter and which has a flat or angled writing surface
greater than 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.
A.Â
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 18 years.
B.Â
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.
A.Â
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 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.
B.Â
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 ten-day period thereafter shall be deemed a separate
offense and shall subject the owner to additional fines not to exceed
$500 for each offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 said violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $500 for each violation thereof and/or shall
be imprisoned for up to 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.
