[Adopted 9-1-2009 by L.L. No. 6-2009]
As used in this article, the following terms shall have the meanings indicated:
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 Hempstead.
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, 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.
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.
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 article.
B. 
It is unlawful for a person to use any object, bicycle or vehicle to assist a person to commit a violation of this article.
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 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.
(3) 
Any person who shall violate the terms of this provision shall, for a first offense, be subject to a minimum fine of $500 and a maximum fine of $750. For each and every subsequent offense within five years of the date of offense on the accusatory instrument, such graffiti vendor shall be subject to a fine of not less than $1,000, to a maximum of $2,500, and/or up to 15 days' imprisonment.
[Amended 7-7-2020 by L.L. No. 3-2020]
B. 
Signage required.
(1) 
Every person who operates a retail commercial establishment selling graffiti implements shall:
(a) 
Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of an offense punishable by imprisonment for up to 15 days and/or a fine up to $2,500."
(b) 
Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped markers to persons under 18 is an offense punishable by imprisonment for up to 15 days and/or a fine up to $2,500."
(2) 
Failure to properly display such sign shall result in a fine of not less than $500 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 not less than $1,000 and no more than $2,500 and/or up to 15 days' imprisonment.
[Amended 7-7-2020 by L.L. No. 3-2020]
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 article.
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 Superintendent of the Building Department or his 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, either directly or through the efforts of an outside contractor, may 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 included as taxes upon such parcel of property as was benefited 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 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, 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 a defense to any action brought hereunder that such child has become emancipated from his parent or legal guardian prior to the occurrence of such damage.
It shall be the duty of any peace officer or police officer of the Village of Hempstead who is authorized to issue an appearance ticket or otherwise designated by the Village of Hempstead to enforce the provisions of this article against any person found to be violating the same.
In accordance with appropriate law, any graffiti implement or other item, material or tool used in the violation of this article 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 article. Such items shall be held as evidence in any action or proceeding brought with reference to an offense under this article and shall be subject to forfeiture by an order of a court having jurisdiction.
[Amended 6-15-2010 by L.L. No. 15-2010]
Any violation of any section of this article except as otherwise specifically set forth shall result in a fine in accordance with § 1-16 of the Village Code. There shall also be imposed a mandatory surcharge of $100 for the Village of Hempstead Anti-Graffiti Program.
If any clause, sentence, paragraph, section or part of any article 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.