[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue 6-14-1993 by L.L. No. 7-1993 (Ch. 53 of the 1968 Code). Amendments noted where applicable.]
The use of aerosol spray paint cans, broad-tipped indelible markers or other pens or marking devices used in connection with defacing public and private property has reached such significant levels and proportions as to require immediate attention and action by the Board of Trustees. The Board finds that the defacement of such property, including the use of foul language or offensive symbols in many of these writings, impairs the appearance of the community, is harmful to the general public and is violative of the good and welfare of the people of the Village of Patchogue. It is the further intent of this legislation that the person guilty of such defacement should be punished so that the punishment fits the offense and that other steps be taken by the Board to minimize the prevalence of such blight on public and private property.
No person shall write, paint, draw, scratch, cover, etch or otherwise place any inscription, word, design, figure or mark on any public or private property, including but not limited to any building, structure, shed, fence, statue, rock or vehicle, without the express consent or permission of the owner, occupant, agent or operator of such property.
No person shall possess any aerosol spray paint can, broad-tipped indelible marker or other pen or marking device while on or in the vicinity of the property of another, without the express consent or permission of the owner, occupant, agent or operator of such property, under such circumstances evidencing an intent to use the same to commit an act prohibited under Subsection A.
[Amended 8-8-1994 by L.L. No. 11-1994; 9-9-1996 by L.L. No. 19-1996]
A person convicted of violating any of the provisions of this chapter shall be subject to the penalties provided for in § 1-1 of the Code of the Village of Patchogue. In addition, that person, in the court's discretion, shall be liable for removing said graffiti from the property so defaced or pay for the cost thereof and shall perform such additional or alternative community services as the court may direct. The court shall have the power to hold the parents or guardian liable for the payment of fines and/or the cost of removal imposed on children under the age of 18 years.
It is the responsibility of the owner, occupant, agent or operator of the property which has been so defaced without said person's consent or permission to remove completely said graffiti from the property immediately upon receipt of written notice of such defacement from the Building Inspector or Code Enforcement Officer.
Failure of the owner, occupant, agent or operator of the property to comply shall subject said person to the penalties provided in § 1-1 of the Code of the Village of Patchogue for the first offense. Each day of noncompliance shall be deemed a separate offense and shall subject the person to additional fines not to exceed the maximum set forth in § 1-1 of the Code for each offense.
No person shall sell or offer to sell an aerosol spray paint can or broad-tipped indelible marker to any person under 18 years of age.
For the purpose of this section, the term "broad-tipped indelible marker" shall mean any felt-tip marker or similar implement containing a fluid that is not water-soluble and which has a flat or angled writing surface 1/2 inch or greater.
Any person who violates the above provisions relating to the sale of aerosol spray cans or broad-tipped indelible markers shall be subject to the penalties provided for in § 1-1 of the Code of the Village of Patchogue.