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:
GRAFFITI
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.
MINOR
Any person under the age of 18 years.
PERSON
Includes associations, clubs, corporations, firms, partnerships and
bodies politic, as well as all individuals.
PROPERTY
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.
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.