[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-3-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
The Board of Trustees of the Village of Cedarhurst hereby finds and declares that graffiti on walls, buildings and other property has become a serious problem for our residents and merchants, having reached significant levels and proportions that require immediate local attention, and has created a physical blight upon structures within the village, thereby creating a condition which is harmful to the general public and violative of the good and welfare of our citizens.
It is the intention of this legislation to punish persons who are guilty of graffiti; ban graffiti materials; and provide for the immediate removal of graffiti as both a correction of such condition and a deterrent.
No person shall, within the Village of Cedarhurst, sell or offer for sale an aerosol spray paint can nor any broad-tipped indelible marker nor any tool, instrument, article, substance, solution, device or other compound designed for or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon any property of any kind to any person under the age of 21 years.
No person under the age of 21 years shall, within the Village of Cedarhurst, possess an aerosol spray paint can nor any broad-tipped indelible marker nor any tool, instrument, article, substance, solution, device or other compound designed for or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon property of any kind. Such possession within the vicinity of any graffiti shall create a rebuttable presumption that such person did deface such public or private property in violation of this chapter.
No person shall, within the Village of Cedarhurst, write, paint, draw or otherwise place any inscription, figure nor mark of any type upon any building, public or private, nor upon any other property, real or personal, whether same be owned, possessed, maintained or operated by any person, public or private corporation or other entity whatsoever, without the prior express written permission of the owner of said property or the duly authorized agent of such owner.
Requirement to remove graffiti. The occupant, lessee, sublessee, owner, landlord or agent of the owner and/or landlord of any commercial or residential premises located in the Village of Cedarhurst which has any form of graffiti on any building, structure or accessory structure or property located thereon shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface using the same color paint as existed previously on such defaced surface or may repaint the entire structure or area within 15 days after written notice to such occupant, lessee, sublessee, owner, landlord or agent of the owner and/or landlord, from the Village of Cedarhurst, notifying said person to remove the same.
Costs and/or remedy of village. In the event that said graffiti condition is not cured or corrected within 15 days after the written notice hereinabove provided for, in addition to any other penalty for a violation of this chapter as may be provided herein, the village shall have the right to enter upon said premises, without any further notice, to remove the graffiti and/or paint the premises as hereinabove set forth, and the cost of the removal of such graffiti and/or painting shall be at the sole cost and expense of the occupant, lessee, sublessee, owner, landlord or agent. The actual costs of the inspection of said graffiti, resurfacing and/or repainting of such building, together with any other costs incidental to such removal of graffiti, shall thereupon become a lien upon the real property upon which the graffiti was found to be located, and such costs or lien shall be added to and become part of the village taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as taxes.
The provisions of this chapter are intended to be in addition to, shall supplement and, in any event, are not intended to replace any other provisions applicable to the prohibited conduct hereinabove set forth, including but not limited to any applicable provisions of the Penal Law of the State of New York and/or any applicable ordinances of the County of Nassau and/or Town of Hempstead.