[HISTORY: Adopted by the Board of Trustees
of the Village of Islandia 1-26-1988 by L.L. No. 10-1988. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any organization or program employed by the criminal courts
or judiciary to provide for appropriate alternative sentences to fine
or imprisonment.
To mar the face or surface of, disfigure, injure or spoil
the appearance of.
An inscription, figure, mark or design which is written,
scratched, painted or drawn on a wall, building, monument, statue,
rock or any other surface.
The use of broad-tipped pens, aerosol spray
paint cans or other marking devices used in connection with writing
graffiti on walls, public and private buildings, statues, monuments
and other structures has become a major problem in the village, requiring
serious punishment for the perpetrators. The defacing of such public
property and the use of foul language in graffiti writing is harmful
to the general public and is violative of the good and welfare of
the people of the village. Therefore, Village Board intervention is
necessary and advisable to regulate the distribution and sale of aerosol
cans and similar products used in writing graffiti. Punishment by
fine or imprisonment insofar as our youthful offenders are concerned
has failed to stop this type of vandalism. It is the intent of the
Village Board that any person guilty of writing graffiti on public
or private buildings or structures should be punished so that the
punishment shall fit the crime. The Village Board, accordingly, recommends
to the judiciary, when an offender has been convicted of violating
this chapter, that he be sentenced to remove graffiti under the supervision
of those agencies designated by the judiciary to supervise offenders
sentenced to community service.
A.
No person shall write, paint or draw any word, inscription,
design, figure or mark of any type without the consent and express
permission of the owner or proprietor thereof or, in case of public
property, of the person having charge, custody or control thereof,
upon:
(1)
Any property, public or private, building, church,
synagogue, statue, monument, office, public passenger vehicle, bridge,
mass transit equipment or facility, dwelling or structure of any kind,
including those in the course of erection.
(2)
The doors, windows, steps, railing, fencing, balconies,
balustrades, stairs, porches, halls, walls, sides of any enclosure
thereof or any movable property.
B.
No person shall disfigure, cut, cover or rub with
or otherwise place filth or excrement of any kind on any property
stated in Subsection (A)(1) or (2) without the consent and permission
of the owner, proprietor thereof or, in the case of public property,
the person having charge, custody or control thereof.
[Added 4-5-1999 by L.L. No. 1-1999[1]]
A.
It shall be the responsibility of any person owning,
occupying or in control of residential or commercial property to remove
graffiti within 15 days of being notified of a violation. Failure
to remove graffiti shall result in a summons being issued.
B.
Notice shall be served personally or by certified
mail, return receipt requested, and regular mail.
[Amended 5-26-2009 by L.L. No. 2-2009]
A.
First offense:
Any person committing a first offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $5,000 with a minimum of $2,500, and community service of
not more than 250 hours and not less than 100 hours.
B.
Second offense:
Any person committing a second or further offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $10,000 and not less than $5,000 and community
service of not more than 500 hours and not less than 250 hours.
