As used in this chapter, the following terms shall have the
meanings indicated:
BROAD-TIPPED INDELIBLE MARKER
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.
BUILDING
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.
GRAFFITI
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.
GRAFFITI IMPLEMENT
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.
OWNER
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
PERSON
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.
PROPERTY
Includes any real property and appurtenances and personal
property, including all trailers, vehicles or other similar personal
property, wherever it may be.
VEHICLE
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.
VENDOR
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.
[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.
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.
[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.