[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 1-5-1976 by L.L.
No. 1-1976 (Ch. 96 of the 1976 Code); amended in
its entirety 4-5-2006 by L.L. No.
2-2006. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any felt-tip marker or similar implement containing a fluid
that is not water-soluble and which has a flat or angled writing surface
1/4 inch or greater.
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, such as garages,
fences, retaining walls, facades or any other structure located within
the Village of Monticello.
Any mark, figure, drawing, inscription or other notation
drawn, written, etched, painted or otherwise placed on any surface,
building or property, inclusive of the use of stickers or paste-on
stamps containing the marks defined herein, without the permission
of the owner or occupant thereof.
Any aerosol spray paint matter or broad-tipped indelible
marker with a marking surface of 1/4 inch or more in any direction
or any other substance or item used to make graffiti and/or related
vandalism.
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
Includes any human being, corporation, partnership, authority,
company, municipality, unincorporated association, special improvement
district, fire company, the State of New York or any other entity
able to sue or be sued.
Includes any real property and appurtenances and personal
property, including all trailers, vehicles or other similar personal
property, wherever it may be.
Anything that constitutes a vehicle pursuant to any other
chapter of this Code, in addition to any scooter (motorized or nonmotorized),
skateboard, roller blades, roller skates and/or moped.
Any person who offers for sale and/or transfer any graffiti
implement to any other person for value, consideration and/or otherwise.
No person shall make graffiti on any public or private building
or other structure or any other real or personal property owned by
others.
A.
No person shall carry an aerosol spray paint can, broad-tipped indelible
marker or any other graffiti implement under circumstances which evince
the intent to violate the provisions of this chapter.
B.
It is unlawful for a person to use any object, bicycle or vehicle
to assist a person to commit a violation of this chapter.
[Amended 7-23-2007 by L.L. No. 14-2007]
A.
Sale and display of graffiti implements; violations.
(1)
No person shall sell, offer to sell or give aerosol spray paint,
broad-tipped indelible markers or any other graffiti implements to
any person under the age of 18 years of age unless accompanied by
an adult parent or guardian.
(2)
No person offering aerosol spray paint and/or broad-tipped indelible
markers or other graffiti implements for sale shall display said materials
except in a secure, enclosed, inaccessible display which will require
vendor assistance for the handling, purchase and/or sale of said items.
B.
Any person who offers for sale or transfer any graffiti implements
shall display at each entrance to the place of business and at, around
or about the area where graffiti implements are offered for sale or
transfer to the public a sign, to be not less than 8 1/2 inches
by 11 inches, in red letters, at least 12 points in height, including
the following statement:
"It is unlawful to sell any aerosol spray paint or broad-tipped
indelible marker to any person under the age of 18. Persons under
the age of 18 who possess any graffiti implements may be prosecuted
for a crime. Penalties for violation of the graffiti ordinance of
the Village of Monticello shall include: fines up to $1,000, imprisonment
up to one year in jail, community service, mandatory surcharges and
forfeiture of property."
C.
Failure to properly display such sign shall result in a fine of not
less than $25 for a first offense. For any second or subsequent offense
within five years of the date of offense on the accusatory instrument,
there shall be a fine of $100 to $250 and/or 15 days' imprisonment.
A.
The owner, tenant and/or person in control of any building or personal
property shall be required to remove any graffiti applied to such
property not more than three days after such graffiti occurs. Failure
to remove graffiti shall be a violation of this chapter.
B.
Failure or refusal to remove graffiti.
(1)
In the event that the owner, tenant and/or person in control of such
a building, property or personal property shall fail or refuse to
remove graffiti from his property, then said person or persons may
be notified by certified mail, mailed to the property address, by
the Code Enforcement Officer or his/her designated agent, that such
person shall have a period of up to three days from receipt of such
notice to complete removal or coverage of such graffiti.
(2)
If such owner, tenant and/or person in control fails to comply with
the terms of such notice within the time set forth therein, then the
Village of Monticello Code Enforcement Officer may order employees
of any Village department or a contractor with an agreement approved
by the Village Board to engage in maintenance, repair and other services
needed to effectuate the elimination or coverage of such graffiti
on such property. All costs of such work shall be billed to the owner
of the property and, if unpaid after 90 days, shall be certified to
the Village of Monticello for inclusion as taxes upon such parcel
of property as was benefitted thereby.
The parent or legal guardian, other than the state or a local
social services department, or a foster parent having custody of an
infant over 10 years of age and less than 18 years of age shall, if
such infant willfully, maliciously or unlawfully makes graffiti or
damages or destroys real or personal property, which personal property
is owned or maintained by another, in addition to any other civil
remedy a person who has suffered damage may have, may be held liable
for such damage or destruction. In no event shall such liability under
this section be in excess of the sum of $2,500. It shall be an affirmative
defense to any action brought hereunder that restitution has been
made pursuant to § 758-a or 353.6 of the Family Court Act
or Subdivision 2(g) of § 65.10 of the Penal Law. It shall
also be an affirmative defense to an action brought under this section
that such child has become emancipated from his parent or legal guardian
prior to the occurrence of such damage. In lieu of such liability,
or in combination therewith, the court may order such infant to perform
services for the public good, as permitted by the General Obligations
Law.
It shall be the duty of any peace officer, police officer of
the Village of Monticello, County of Sullivan, State of New York,
or any duly authorized agent of the Village of Monticello who is authorized
to issue an appearance ticket or otherwise designated by the Village
Board of the Village of Monticello to enforce the provisions of this
chapter against any person found to be violating the same.
A.
In accordance with appropriate law, any graffiti implement or other
item, material or tool used in the violation of this chapter or in
assisting with the commission of such violation shall be subject to
immediate seizure by any police officer, peace officer or other individual
authorized to enforce the provisions of this chapter. Such items shall
be held as evidence in any action or proceeding brought with reference
to an offense under this chapter and shall be subject to forfeiture
by an order of such court or to any order by a Justice of the Supreme
Court.
B.
Any vehicle used in the transport of graffiti implements or persons
convicted of violating this chapter to or from a site or used in assisting
with the commission of such offense shall be subject to immediate
seizure by any police officer, peace officer or other individual authorized
to enforce the provisions of this chapter. Said vehicles shall be
held in evidence in any action or proceeding brought with reference
to an offense under this chapter and shall be subject to an order
of forfeiture of such court or to an order by a Justice of the Supreme
Court.
C.
Any graffiti implement and/or vehicle used in the transport of graffiti
implements seized shall be subject to forfeiture. The true owner thereof
must be provided with notice of such application to forfeit such property
at least 10 days prior thereto [which may be mailed to such person(s),
in which case at least 13 days' notice of such application must
be provided]. That person(s) shall also have the opportunity to be
heard with reference to the question of forfeiture of such property
as is set forth in the papers provided to such person(s) before a
judge of proper jurisdiction. The person(s) from whom the property
was seized shall be similarly notified of such proposed forfeiture.
D.
Any order of forfeiture shall be deemed a final order with respect
to such question. After service upon the person(s) of a copy of any
such order of forfeiture, such person(s) must serve and file a notice
of appeal within 15 days of the service upon them of such order directing
forfeiture.
E.
The Village Attorney of the Village of Monticello and/or the District
Attorney of Sullivan County is authorized to commence such application
and prosecute the same.
[Amended 7-23-2007 by L.L. No. 14-2007; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Unless otherwise provided by Penal Law §§ 145.60
and 145.65:
A.
Any person committing an offense against any provision of this chapter shall, except as otherwise specifically set forth, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello. Nothing contained in this article shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this chapter. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this chapter.
B.
Any person convicted of a violation of § 158-2 or 158-3A, in addition to the penalties listed above and where the violation was committed by a person under the age of 18 years, shall perform not less than 10 hours of community service during a time other than during his or her school attendance requirement. One parent or guardian shall be present at the site of the community service for at least 1/2 of the hours of community service required under this section, unless attendance by the parent or guardian is deemed by the court to be inappropriate or potentially detrimental to the child.
[Amended 7-23-2007 by L.L. No. 14-2007]
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Code Enforcement Officer or Chief of Police or his/her duly authorized representative made pursuant to the provisions of this chapter shall be guilty of a violation punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello. Nothing contained in this chapter shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this chapter. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this chapter.
The provisions of § 158-3 shall not apply to any person displaying or in possession of a can or container of spray paint when such a product is being used for or transported immediately to or from a place where it is used for home repair or maintenance, automobile repair or such other employment, trade or occupation customarily requiring the use of said product or is being transported directly from the place of purchase packaged in such a manner as not to allow easy access to said spray paint while it is being transported.
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, section or part thereof directly involved in the controversy
and upon which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with
the State of New York.
