As used in this article, the following terms shall have the
meanings indicated:
COMMISSION
The Suffolk County Human Rights Commission.
DEFACE
To place on any public or private property any symbol, object,
characterization, appellation or graffiti, including but not limited
to a burning cross, Nazi swastika, profanity or obscenity.
OF ANOTHER
Property is that "of another" if any person, other than the
actor, has a possessory or proprietary interest therein.
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business organization of any kind.
TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
[Amended 3-24-2009 by L.L. No. 9-2009]
A. Any person who intentionally violates any provision of this article
shall be liable for a civil penalty of $5,000 for a first offense;
$10,000 for a second offense, and $20,000 for a third offense. In
addition, any person who intentionally violates any provision of this
article shall, in the discretion of the court, also be subject to
a requirement to participate in diversity training conducted by or
through the Suffolk County Human Rights Commission, on such terms
and conditions as may be imposed by the court.
B. Civil penalties collected under this article shall be deposited with
the Suffolk County Human Rights Commission to be used to fund the
Junior Human Rights Day Program ("Day Program"), with the balance
of the funds to be deposited in the general fund.
C. Any civil penalty may only be assessed by the court following a hearing
and opportunity for an alleged violator to be heard and upon clear
and convincing evidence that the alleged violation occurred.