[Adopted 11-13-1967 (Ch. 15, Art. I, Sec. 15-5, of the Code of Ordinances)]
No person shall injure or deface in any way, without the consent
of the owner thereof, any fence, post or building.
No person shall attach to or place upon any telegraph pole,
telephone pole, poles used for the support of electric wires or gas
lamps in the streets and parks any bill, notice, poster, sign or advertisement
whatsoever.
No person shall injure, deface, mar, disturb or befoul any grounds,
trees or shrubs, waters or watercourses, buildings, signs, equipment
or any other property owned by the City of Newburgh, its agencies,
boards or commissions.
[Adopted 6-11-2007 by Ord. No. 9-2007]
As used in this article, the following terms shall have the
meanings indicated:
BROAD-TIPPED INDELIBLE MARKER
Any felt-tip marker or similar implement containing a fluid
or coloring matter that is not water soluble and which has a flat
or angled writing surface of 1/2 inch or greater.
DEFACE
To mark, alter, mar or obscure the face or surface or to
disfigure, injure or spoil the appearance of a surface or image, without
proper or legal permission or authority.
GRAFFITI
An inscription, figure, mark or design, or the addition of
color or material, or the unauthorized destruction, alteration or
removal of same, which is written, scratched, sprayed, painted, removed,
applied or drawn on a wall, building, monument, picture, poster, painting,
sign, surfaces, image, artwork, statue, rock or any other surface
of real or personal property without proper legal permission or authority.
No person shall write, paint, scratch, apply, remove, spray
or draw any inscription, color, material, figure or mark, or otherwise
mar or deface any building, or surfaces, public or private, or any
other property, real or personal, or any statue, monument, artwork,
office, passenger or commercial vehicle, bridge, dwelling or structure
of any kind, including those in the course of construction or any
portion thereof, without the consent and express permission of the
owner, operator or proprietor of said property or, in the case of
public property, of the person having charge, custody or control thereof;
nor shall any person act to aid or abet same, including but not limited
to furnishing any implement or other means of causing such graffiti
or acting in concert with the perpetrator of such graffiti, including
acting as a lookout.
The City Manager may offer a reward in any amount up to $250 or such other sum as the City Council may approve for information which leads to the arrest and conviction of any person for violating this article. In the event that such reward is paid as provided herein, the City may seek reimbursement of the actual amount of such reward paid, in addition to such other costs and expenses incurred by the City as provided in §
234-8C and the other sections of this article.
Any parent or legal guardian having legal or physical custody or control of a minor who violates any section of this article shall be personally liable for any and all costs to the City of Newburgh and for any and all costs to any property owner incurred in connection with damage to premises caused and costs and expenses incurred in connection with the removal and subsequent prevention measures taken in connection with graffiti caused by such minor, including but not limited to those described in §
234-8 and other sections of this article and those incurred in connection with and for legal charges and expenses, court costs and attorneys' fees for and in connection with the civil, criminal or other legal enforcement action undertaken in connection with the acts of said minor. The liability of such parent and/or lawful guardian set forth herein shall be in addition to and not instead of any other remedies or provisions of law or equity.
Any person who violates this article shall be guilty of a Class
A misdemeanor, punishable by a fine of not more than, $1,000 or imprisonment
for not more than one year, or both. It is the recommendation of the
City Council that, where appropriate, the courts imposing punishment
require those who commit such acts of defacement to also restore the
property so damaged and/or otherwise be required to provide and perform
appropriate acts of restitution and/or community service as a term
or condition of the sentence and/or disposition of such matter.
If any term, part, provision, section, subdivision or paragraph
of this article shall be held unconstitutional, invalid or ineffective,
in whole or in part, such determination shall not be deemed to invalidate
the remaining terms, parts, provisions, sections, subdivisions and
paragraphs.
This article shall take effect immediately, as provided under
the Municipal Home Rule Law and other laws of the State of New York.