[HISTORY: Adopted by the Town Council of the Municipality of Kingston 3-7-2005
by Ord. No. 2005-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 72.
[1]
Editor's Note: This ordinance was adopted as Chapter 119 and
renumbered to maintain the alphabetical organization of the codification.
The use of broad-tipped pens, paint spray cans, pencils, pens, crayons
or other marking devices to write or place graffiti on the walls or other
available spaces of public or private buildings, vehicles, areas or facilities
causes serious defacement of such buildings, vehicles and areas, public and
private, and facilities and contributes to the deterioration of property values,
as well as offending the public's right, public and private, not to have
unsightly and unlawful graffiti on, with defacement of, public and private
property, and constitutes a deleterious practice contrary to the public health
and welfare. In addition, such contempt for the property rights of private
citizens, as well as public facilities, contributes to the erosion of law
and order and contributes to the deterioration in the quality of life of the
community and must be opposed and punished.
For the purpose of this chapter, the following definitions shall apply:
Includes any and all unsightly, offensive or defacing writings, drawings,
markings or other written or pictorial matter by any method or device and
of any content which contributes to the defacement of the real or personal
property involved and which contributes to the ugliness and unsightliness
of the object, space, area or community and which is detrimental to the beauty,
neatness and good order of the area and community. This chapter shall not
be construed to prohibit easily removable chalk markings on the public sidewalks
and streets used in connection with traditional children's games.
Any person under the age of 18 years.
Includes associations, clubs, corporations, firms, partnerships and
bodies politic, as well as all individuals.
Any public or private property in the Municipality of Kingston.
No person shall write, print or place with ink, paint, chalk or other
substance graffiti on the real or personal property of another, whether said
personal or real property is publicly or privately owned.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor child under the age of 18 years to knowingly
assist, aid, abet, allow, permit or encourage said minor to violate the provisions
of this chapter, as herein defined, either by words, overt act or by failing
to act.
All persons directly or indirectly shall be equally responsible and
guilty, not alone the individual who may personally deface the object or area,
but others in a group who knowingly make available the tools, writing material,
ladders, lookout, materials or assistance or who knowingly supply funds to
acquire such materials for such purposes shall be equally guilty and liable
to punishment under this chapter.
A.
Any person violating any of the provisions of this chapter
shall, upon conviction, be fined not less than $100 nor more than $300 or
imprisoned for not more than 90 days or both.
B.
Any person who violates either § 105-3, 105-4 or 105-5 of this chapter shall also be responsible for the cost of cleaning, repairing, painting or otherwise restoring the property which he/she damaged, defaced or vandalized so as to bring the property to the condition it was in prior to the application of the graffiti.
Property owners shall be liable for removal of graffiti in the event
that the person responsible for defacing the property cannot be determined.
Upon proper notice by the duly authorized municipal official, the property
owner shall remove or cause to be removed any and all such graffiti within
60 days. Failure to comply with this section shall result in the imposition
of a fine of not less than $100 nor more than $300. In the event that the
Municipality shall cause to have the graffiti removed because the owner has
not complied with an order to do so, the Municipality may recover the costs
of the same from the property owner.
