[HISTORY: Adopted by the City Council of the City of Yonkers 9-28-1982 by G.O. No. 15-1982; amended in its entirety 6-5-1985 by G.O. No. 9-1985. Subsequent amendments noted where applicable.]
It has become apparent that the use of pens, writing and artistic devices, spray cans and marking devices used in connection with the writing of graffiti on walls and other places of public buildings and public property has reached significant levels and proportions that immediate local attention should be given this matter by this municipality. The defacing of such public property and the use of foul language in many of the writings is harmful to the general public and violative of the good and welfare of the citizens and people of the City of Yonkers. It is the further intent of this City Council that any person guilty of writing graffiti on public buildings and public property shall be punished so that the punishment shall fit the crime.
No person shall write, paint or draw any inscription, figure or mark of any type on any building, public or private, or any other property, real or personal, owned, operated or maintained by any public benefit corporation, the City of Yonkers or by any person, firm or corporation or any agency or instrumentality thereof without the express permission of the owner or operator of said property.
[Added 6-25-1991 by G.O. No. 14-1991]
No person shall sell or offer for sale to any minor under the age of 18 years any can or container containing paint and a propellant and designed to spray paint, commonly known as a "paint spray can."
It shall be the duty of any person who sells or offers for sale any container described in Subsection A above to require from any person desiring to purchase such container and appearing to be less than 18 years of age identification and proof of such person's age before selling or delivering a container to such a person.
It shall be the duty of any person who sells or offers for sale any can or container described in Subsection A above to store such cans and containers in a manner that precludes a purchaser from physically obtaining the can or container without the assistance of the seller. (i.e., stored in a stock room or locked cabinet).
[Added 9-22-1992 by G.O. No. 7-1992]
The City of Yonkers hereby offers a reward of not more than $500 per conviction to any person or persons giving information leading to the detection, arrest and conviction of any person or persons guilty of defacing, by writing, painting, drawing, marking, engraving or other form of graffiti or vandalism, any building or structure located within the City of Yonkers.
The offer made herein is subject to and limited by the availability of funds appropriated therefor. The determination of whether a reward shall be paid by the City and the amount thereof shall be in the sole discretion of the Police Commissioner, and neither the offer of a reward nor the furnishing of information in response thereto shall create any legal right to the payment of the reward.
The Police Commissioner shall have sole discretion in determining whether a reward shall be apportioned among two or more persons and, if so, in what amount and shall certify to the Comptroller the name of the person or persons to whom the reward shall be made payable. Payment shall be made as a claim against the City in accordance with § C5-5 of the City Charter from the available funds appropriated for that purpose. All claims must be made within 90 days of the conviction.
No person shall be eligible to be paid by or to receive from the City any reward for any offer of information unless the information was received by the City during the period the reward offer was in effect.
No reward shall be paid to any person or persons who committed or were involved in any of the acts of vandalism, graffiti or other defacement.
The Police Commissioner is authorized to publish the offer made by this section by means of posters or other appropriate media. Subject to the approval of the Corporation Counsel, the Police Commissioner may determine the form in which the offer is to be published.
No reward shall be paid to a City officer, employee or member of the immediate family of such City officer or employee or to any person who obtained information directly or indirectly from a member of the Police Department or other law enforcement agency.
[Added 9-22-1992 by G.O. No. 8-1992; amended 4-23-1996 by G.O. No. 4-1996; 7-18-1996 by L.L. No. 5-1996]
The owner or agent of a building or structure which has been defaced by a writing, painting, drawing, marking, engraving or other form of graffiti shall restore the building or structure to a graffiti-free condition after receipt of a graffiti condition notice from the Department of Housing and Buildings, Police Department, Department of Community Services or Office of Licensing. Such owner or agent shall be required to correct the condition within 48 hours. Such notice shall be delivered personally or by certified mail, return receipt requested.
[Added 9-22-1992 by G.O. No. 8-1992]
The failure of an owner or his/her agent to comply with the provisions of § 72-5 and the graffiti condition notice may subject the owner or his/her agent to a fine of not more than $250 for each offense.
[Amended 4-23-1996 by G.O. No. 4-1996]
Upon the failure of an owner or his/her agent to comply with the graffiti condition notice, the City may investigate the reason for said failure and reserves the right to restore the building or structure to a graffiti-free condition by painting or similar acceptable method. Labor may be provided by the Department of Community Services, and the City or the owner may provide the material to remove graffiti markings. The owner shall be responsible for all costs incurred by the City to have such graffiti markings removed.
[Amended 4-23-1996 by G.O. No. 4-1996]
In the event that the graffiti may not be removed by painting or a similar acceptable method due to texture, condition or historic nature of the building or structure, the City reserves the right to retain a contractor to restore the building or structure to a graffiti-free condition and bill the owner for the expense of such restoration.
If the name of the owner or his/her place of residence cannot be ascertained or if the owner fails to pay the bill, the City shall file a certificate of the actual cost of the restoration, together with a statement as to the location of the property restored, with the City Assessor of the City of Yonkers, who shall, in the preparation of the next assessment roll of general City taxes, assess such amount upon such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general City taxes and as a part thereof.
[Added 6-25-1991 by G.O. No. 14-1991; amended 4-23-1996 by G.O. No. 4-1996; 7-18-1996 by L.L. No. 5-1996; 10-22-2013 by L.L. No. 7-2013; 10-28-2014 by L.L. No. 16-2014; 12-8-2015 by L.L. No. 24-2015]
The provisions of this chapter are to be enforced pursuant to the provisions of Article VIA of the Charter and Chapter 19 of this Code.