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.
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.