[HISTORY: Adopted by the Village Board of the Village of
Port Chester 3-15-2010 by L.L. No. 3-2010. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any letter, word, name, number, symbol, slogan, message,
drawing, picture, writing or other mark of any kind made on property
without the permission or authority of the owner.
Any aerosol spray paint container, broad-tipped marker with
a marking surface greater than 1/2 inch or more in width, etching
equipment or other device capable of scarring or leaving a visible
mark on any property.
Any and all persons with legal and/or equitable title to
a property in the Village, as reflected by name and address in the
records of the Town Assessor.
Any natural person, partnership, corporation, company, association,
joint-stock company, or other entity capable of being sued.
Any building or structure, fence, wall, abutment, bridge,
tunnel, sign, street or traffic sign, utility box, utility pole, waste
receptacle, newsrack, monument, playground equipment, and all other
articles of personal property or real property upon which one can
write, draw, paint, etch or otherwise make a mark, whether privately
owned or owned by the Village of Port Chester.
Any and all persons who commit the act of placing graffiti
within the Village limits, as prohibited by this chapter.
No person shall write, paint, or draw any inscription, figure,
or mark of any type on any public or private building or structure
or other real or personal property, owned, operated, or maintained
by a governmental entity or any agency or instrumentality thereof
or by any person, firm, or corporation, unless the express prior written
permission of the owner, owner's agent, manager or operator of
the property has been obtained.
A.
No person shall possess any graffiti implements with the intent to
violate the provisions of this chapter.
B.
No person under the age of 18 shall have in his or her possession
any graffiti implements while on any public property, highway, street,
alley or way except in the company of a supervising adult over the
age of 18.
C.
No person under the age of 18 shall have in his or her possession
any aerosol graffiti implements while on any private property unless
the owner, agent, or manager, or person in possession of the property
knows of the minor's possession of such aerosol container or
marker and has consented to the minor's possession while on his
or her property.
A.
No person or firm shall sell or cause to be sold to any person under
the age of 18 years, and no person under the age of 18 years shall
buy, any aerosol container of spray paint, broad-tipped indelible
markers, or other graffiti implements.
B.
It shall be the duty of any person who sells or offers for sale any
graffiti implement to require from any person desiring to purchase
such articles and appearing to be less than 18 years of age identification
and proof of such person's age before selling or delivering same
to such person.
C.
Evidence that a person, his or her employee, or agent demanded and
was shown bona fide evidence of majority and acted upon such evidence
in a transaction or sale shall be a defense to any prosecution thereof.
D.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol containers of spray paint, broad-tipped,
indelible markers, and/or other graffiti implements shall:
(1)
Place a sign in clear public view at or near the display of such
products stating:
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Any person defacing real or personal property without the express
written consent of the owner with paint or any other liquid, device,
or any other graffiti implement is subject to imprisonment of up to
15 days and/or a fine of up to $1,000.
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Local Law No. 3-2010 of the Village of Port Chester
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(2)
Place a sign in the direct view of such persons responsible for accepting
customer payment for aerosol containers of spray paint or broad-tipped
indelible markers stating:
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It is a violation of the law to sell aerosol containers of spray
paint, broad-tipped indelible markers, or any other graffiti implements
to persons under 18 years of age; punishable by civil fine of up to
$400 and/or injunction from a court of competent jurisdiction.
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Local Law No. 3-2010 of the Village of Port Chester
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(3)
Store or cause such aerosol containers or marker pens to be stored
either;
(a)
In the direct line of sight from the cash-register work station
or any other work station that is normally continuously occupied while
the store is open; or
(b)
In a place not accessible to the public in the regular course
of business without employee assistance, pending legal sale or disposition
of such marker pens or paint containers.
A.
The owner or agent of the owner of premises upon which graffiti has
been placed shall remove such graffiti or repaint the defaced surface
of the property using the same color as previously existed on the
surface or repainting the entire property within 15 business days
after written notice of violation by personal service or by posting
and regular first-class mail on the owner or agent or other responsible
party of the graffiti condition as a nuisance, ordering the abatement
of same or be in violation of this chapter and subject to enforcement
and the penalties prescribed herein.
B.
The owner or agent of the owner may retain a contractor to remove
or repaint the graffiti at his or her own expense.
C.
Written application may be made by the owner or agent to the Village
Manager or his or her designee for an extension of time to remove
or repaint the graffiti on the grounds of severe economic hardship
or for a waiver of this removal requirement if the subject property
has been victimized by graffiti at least once within any calendar
year and, during such time, has removed or otherwise attempted to
prevent such graffiti. On such application, the Manager or his or
her designee may, in his or her discretion, grant an extension of
time of such period as he or she may deem just conditioned upon the
owner's or agent's assistance in implementing preventative
measures recommended by the Police Department to minimize a further
recurrence of graffiti on the premises.
D.
In the event that the graffiti condition is not cured or corrected
within the written notice period, of 15 business days, or otherwise
arranged with the Village as provided herein, the Village may commence
enforcement proceedings for violation of this chapter.
The provisions of this chapter shall be enforced by officers
of the Police Department, officers of the Department of Code Enforcement,
and inspectors of the Building Department.
A.
(1)
Punished by a fine of $250 for the first offense; $500 for the second
and $1,000 for each subsequent offense or by imprisonment for a term
not to exceed 15 days, or both, at the discretion of the court.
(2)
Subject to restitution to the victim for damage or loss caused directly
or indirectly by the defendant's offense.
(3)
Subject to perform monitored community service in the removal of
graffiti.
B.
Any person found in violation of § 193-4 shall be:
(1)
Punished by a fine of $200 for a first offense and a fine of $400
for subsequent offenses; and
(2)
Subject to a civil action in a court of competent jurisdiction commenced
by the Village Attorney or other duly authorized official of the Village
of Port Chester in the name of the Village for an amount of $200 for
a first offense and in the amount of $400 for a subsequent offense;
and
(3)
Subject to the Village making application for an injunction from
a court of competent jurisdiction enjoining the sale of aerosol containers
of spray paints, broad-tipped indelible markers, and/or other graffiti
implements for a period up to two years where three violations or
more occur within any calendar year.
C.
Any person in violation of § 193-5 shall be:
(1)
Punished by a fine of $100 for a first offense, $250 for a second
offense and $500 for a subsequent offense; and
(2)
Subject to a civil action in a court of competent jurisdiction commenced
by the Village Attorney or other duly authorized official of the Village
of Port Chester in the name of the Village for an amount of $100 for
a first offense, $250 for a second offense and $500 for a subsequent
offense; and
(3)
Subject, after due notice and an opportunity to be heard provided
before the Village Manager or his or her designee, to the Village's
entry upon the subject premises causing the abatement of the graffiti
condition and thereafter charging the property owner, or the property
owner's manager or agent or the person in possession or control
of such property, for the expenses incurred by the Village. The Village
Attorney is authorized to commence proceedings in a court of competent
jurisdiction to recover all expenses, which expenses shall include
but are not limited to all administrative personnel costs, attorneys'
fees and costs related to enforcing this chapter and collecting such
expenses; and/or the Village may record a lien in the public records,
which lien shall be for all expenses, including but not limited to
attorney's fees and costs related to enforcing this chapter,
and may be recorded and enforced as other such liens may be imposed,
recorded and enforced by the Village.
If the Village Manager determines that any graffiti is an imminent
threat to the health, safety or welfare of the public and is unable
to provide notice to the owner or agent of the subject premises by
personal service after at least two attempts to do so, then 48 hours
after the latter of the mailing of the notice described herein by
certified and first-class mail to the person owning the property,
acting as agent or manager for the owner of such property, and the
posting of the notice in a conspicuous place on the property, the
Village may remove or cause the graffiti to be removed. In no case
shall the Village paint or repair any more extensive area than that
where the graffiti is located. The Village shall not be required to
restore the obscured area to its original condition (i.e., color,
texture, etc.).
This chapter shall not be construed to prohibit temporary, easily
removable chalk or other water-soluble markings on public or private
sidewalks, streets or other paved surfaces which are used in connection
with traditional children's activities, such as drawing or bases
for stickball, kickball or handball, hopscotch and the like, nor temporary,
easily removable chalk or other water-soluble markings used in connection
with any lawful business or public purposes or activity.
