Town of Hempstead, NY
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2023-05-09
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PART V: GARBAGE, REFUSE AND NUISANCES
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DIVISION 1: GARBAGE AND RUBBISH
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Chapter 129 Graffiti Control
- PART I: ADMINISTRATIVE LEGISLATION
- DIVISION 1: GENERAL ADMINISTRATIVE PROVISIONS
- Ch 1 General Provisions
- Ch 2 Enforcement of Ordinances
- Ch 3 Apprenticeship Training Programs for Town Contracts
- Ch 4 Local Laws: Adoption
- Ch 5 Access to History Records
- Ch 6 Liability of Town
- Ch 7 Elections on Propositions
- Ch 7A Reapportionment of Councilmanic Districts
- Ch 8 Tort Liability Reserve Fund
- Ch 9 Judgment Lien Protective Law
- Ch 10 Taxation: Partial Exemption of Real Property for Certain Persons With Limited Income
- Ch 10A Taxation: Partial Exemption for Members of Volunteer Fire Departments and Voluntary Ambulance Services
- Ch 10B Taxation: Veterans' Real Property Exemption
- Ch 10C Real Property Tax Relief for Cold War Veterans
- Ch 10D Superstorm Sandy Tax Relief
- Ch 11 Defense and Indemnification of Town Officers and Employees
- Ch 12 Taxation: Exemption for Improvements to Accommodate Disabled
- Ch 13 Continuity of Government
- Ch 14 Taxation: Exemption of Capital Improvements
- Ch 15 Compensation of Town Employees
- Ch 16 Councilmembers: Increase in Number
- Ch 17 Deputy Receiver of Taxes
- Ch 18 Board of Appeals
- Ch 19 Town Comptroller: Additional Powers
- Ch 20 Records Management
- Ch 21 Deputy Supervisor
- Ch 22 Waterways Improvement: Public Hearing on Benefit Assessments
- Ch 23 Community Residential Facilities
- Ch 24 Official Seal
- Ch 25 Taxation: Partial Exemption for Disabled Persons With Limited Incomes
- Ch 26 Taxation: Exemption for Gold Star Parents
- DIVISION 2: PUBLIC EMPLOYEES AND EMPLOYEE RELATIONS
- Ch 27 Empire Zones
- Ch 28 Department of Human Resources
- Ch 29 Merit Award Board
- Ch 30 Employment of Volunteer Workers
- Ch 31 Qualifications of Certain Town Officers
- Ch 32 Public Employee Relations
- Ch 33 Mass Mailing Restrictions
- Ch 34 (Reserved)
- Ch 35 Grievance Procedure for Town Employees
- Ch 36 Whistleblower Protection Act
- Ch 37 Disciplinary Hearings
- Ch 38 Ethical Standards
- Ch 39 Governmental Transparency
- Ch 40 Salaries of Town Employees: Deductions
- Ch 41 (Reserved)
- Ch 42 (Reserved)
- Ch 43 (Reserved)
- Ch 44 (Reserved)
- Ch 45 Health Insurance for Town Employees
- Ch 46 (Reserved)
- Ch 47 (Reserved)
- Ch 48 Retirement Incentive Program
- Ch 49 (Reserved)
- DIVISION 3: GOVERNMENTAL DEPARTMENTS
- Ch 50 Department of Industry and Commerce
- Ch 51 Department of Senior Enrichment
- Ch 52 Department of Buildings
- Ch 53 Department of Conservation and Waterways
- Ch 54 Department of Information and Technology
- Ch 55 Cemeteries
- Ch 56 Department of Civil Service
- Ch 57 Department of Parks and Recreation
- Ch 58 Department of Planning and Economic Development
- Ch 59 Department of Engineering
- Ch 60 Drug and Alcohol Addiction
- Ch 61 Office of Tourism
- Ch 62 Department of Purchasing
- Ch 63 Department of Public Safety
- Ch 64 Department of Occupational Resources
- Ch 65 Compliance Officer
- Ch 66 Department of General Services
- Ch 67 Highway Department
- Ch 68 Department of Sanitation
- Ch 69 Department of Water
- DIVISION 4: WATER RULES AND REGULATIONS
- Ch 70 Department of Water, Rates and Regulations
- Ch 71 (Reserved)
- Ch 72 Enforcement of Water Conservation
- Ch 73 (Reserved)
- Ch 74 Community Choice Aggregation Energy Program
- Ch 75 (Reserved)
- PART II: PUBLIC PLACES
- Ch 76 Landmarks Preservation
- Ch 77 Public Places, Regulation of
- Ch 78 Parks
- Ch 79 Protection of Housing Authority Properties
- Ch 80 Public Parking Fields
- Ch 81 (Reserved)
- Ch 82 Shopping Carts Abandoned in Public Places
- Ch 83 (Reserved)
- PART III: BUILDINGS AND STRUCTURES
- Ch 84 Master Electricians
- Ch 85 Board of Architectural Review
- Ch 86 Building Construction Administration
- Ch 87 Dwelling Access
- Ch 88 Housing and Rehabilitation Code
- Ch 89 Elevator Inspection Procedure
- Ch 90 Dangerous Buildings and Structures
- Ch 91 Public Nuisances
- Ch 92 Fallout Shelters
- Ch 93 Maximum Fines for Violations of Building Zone Ordinance
- Ch 94 Emergency Lighting and Power
- Ch 95 Maintenance of Vacant Buildings
- Ch 96 Places of Public Assembly: Licensing
- Ch 97 Public Indecency
- Ch 98 (Reserved)
- Ch 99 Registration and Permitting of Property
- Ch 100 Condominium Conversions
- Ch 101 Temporary Moratorium in the Transit-Oriented Development District for North Lawrence and Inwood
- Ch 101A Temporary Moratorium in the Neighborhood Business Overlay District for North Lawrence and Inwood
- PART IV: BUSINESS AND ENTERTAINMENT
- Ch 102 Auctions and Auctioneers
- Ch 103 Bingo
- Ch 104 Games of Chance
- Ch 105 Special Events
- Ch 106 Clothing Bins
- Ch 107 Christmas Tree Sales
- Ch 108 (Reserved)
- Ch 109 Laundromat Refunds
- Ch 110 Gasoline Emergency Abatement
- Ch 111 Junk Dealers
- Ch 112 (Reserved)
- Ch 113 Control and Regulation of Secondhand Dealers
- Ch 114 Memorial and Independence Days
- Ch 115 (Reserved)
- Ch 116 Open-Air Markets
- Ch 117 Parades
- Ch 118 Peddlers and Solicitors
- Ch 119 (Reserved)
- Ch 120 Riding Stables
- Ch 121 Smoking, Cannabis and Cbd
- Ch 122 Sunday Exhibitions
- Ch 123 (Reserved)
- Ch 124 Theaters and Theater Matrons
- Ch 125 (Reserved)
- Ch 126 (Reserved)
- Ch 127 (Reserved)
- PART V: GARBAGE, REFUSE AND NUISANCES
- DIVISION 1: GARBAGE AND RUBBISH
- Ch 128 Garbage and Rubbish
- Ch 129 Graffiti Control
- § 129-1 Graffiti control established.
- Ch 130 (Reserved)
- Ch 131 (Reserved)
- DIVISION 2: USE OF PROPERTY
- Ch 132 Flammable and Combustible Liquids
- Ch 133 Liquefied Petroleum Gases
- Ch 134 Portable Swimming Pools
- Ch 135 (Reserved)
- Ch 136 Trespassing
- Ch 137 (Reserved)
- Ch 138 Smoke
- Ch 139 (Reserved)
- Ch 140 Earth and Soil Removal
- Ch 141 (Reserved)
- Ch 142 Wireless Telecommunications Facilities
- Ch 143 (Reserved)
- Ch 144 Unreasonable Noise
- Ch 145 (Reserved)
- Ch 146 Hazardous Excavations
- Ch 147 (Reserved)
- Ch 148 Sandbanks, Pits and Quarries
- Ch 149 (Reserved)
- DIVISION 3: EXPLOSIVES
- Ch 150 Explosives
- Ch 151 (Reserved)
- DIVISION 4: DOGS AND CATS
- Ch 152 Animal Shelter and Control Division
- Ch 153 (Reserved)
- PART VI: CONSERVATION AND WATERWAYS
- Ch 154 Environmental Quality Review
- Ch 155 Boats and Seaplanes
- Ch 156 Houseboats and Floating Homes
- Ch 157 Clams, Oysters or Worms
- Ch 158 (Reserved)
- Ch 159 Dredging
- Ch 160 Precautions Against Oil Spills
- Ch 161 Illicit Discharges
- Ch 162 (Reserved)
- Ch 163 Marinas and Docks
- Ch 164 Public Wetlands Preservation
- Ch 165 Freshwater Wetlands
- Ch 166 Shellfish
- Ch 167 Dune Protection Zone
- Ch 168 Structures in Waterways
- Ch 169 Swimming From Town Docks
- Ch 170 Coastal Erosion Hazard Areas
- Ch 171 (Reserved)
- Ch 172 Intentional Release of Balloons
- PART VII: STREETS, VEHICLES AND TRAFFIC
- Ch 173 Abandoned Vehicles
- Ch 174 Abandonment of Vehicles During Snow Emergencies
- Ch 175 Excavations in Streets
- Ch 176 Roll-Off Containers
- Ch 177 Materials: Deposit
- Ch 178 (Reserved)
- Ch 179 Bicycle Riding on Certain Structures
- Ch 180 Play Streets
- Ch 181 Sidewalks, Roads and Streets
- Ch 182 Streets: Construction of Curb Cuts and Driveway Entrances
- Ch 183 Tow Cars
- Ch 184 Tree Preservation
- Ch 185 Taxicabs and Limousines
- Ch 186 Failure to Stop for School Buses
- Ch 187 (Reserved)
- Ch 188 (Reserved)
- Ch 189 (Reserved)
- Ch 190 Vehicle Speed Limits
- Ch 191 (Reserved)
- Ch 192 Weight Restrictions: Commercial Vehicles
- Ch 193 (Reserved)
- Ch 194 (Reserved)
- Ch 195 Pavement Markings
- Ch 196 (Reserved)
- Ch 197 Vehicular Use of Streets
- Ch 198 Tow-Away Zones
- Ch 199 Parking Fields, Private
- Ch 200 (Reserved)
- Ch 201 (Reserved)
- Ch 202 Parking
- Ch 203 (Reserved)
- Ch 204 (Reserved)
- Ch 205 (Reserved)
- Ch 206 (Reserved)
- Ch 207 (Reserved)
- APPENDIX
- Apx A221 Building Code Administration
- DISPOSITION LIST
- Ch DL Disposition List
[HISTORY: Comes from L.L.
No. 29-2009, adopted 4-14-2009, effective 4-22-2009. Amendments noted where applicable.]
A.
Legislative intent. The Town Board believes that defacement of buildings
and structures with graffiti is a serious blight that reflects badly
on the commercial and residential neighborhoods where it is found.
This problem detracts from area character and property values, and
it is imperative that the Town take affirmative steps to encourage
prevention in a meaningful way. Apprehension of persons who commit
crimes of defacement via graffiti is difficult, but imperative. State
law provides for criminal prosecution, fines and imprisonment for
persons who engage in such acts. The Town Board believes it prudent
to supplement these sanctions with the imposition of civil penalties
against the perpetrator, as provided by law.
B.
Definitions. The term "apply graffiti" means the act of placing one
or a series of images on public or private property, including a building
thereon, a fixed or mobile structure or monument thereon, or a ground
surface thereof, applied by means of painting, drawing, dye, ink,
writing, etching, carving, or any similar method or substance, and
visible from a public place, if any of the following is true:
(1)
It was applied without the written consent of the owner, lessee,
or other person in control of such private property; or
(2)
It is not an image or series of images that is customarily found
on that type of building, structure, monument or ground surface; or
(3)
It was applied with intent to damage the building, structure, monument
or ground surface.
C.
Prohibition. No person shall apply graffiti in any unincorporated
portions of the Town of Hempstead.
D.
Enforcement personnel. This chapter may be enforced by any employee
of the Department of Buildings, Sanitation, or Public Safety who is
authorized to issue appearance tickets returnable in Nassau District
Court, and by the Nassau County Police Department.
E.
Penalties for offenses. Any person who, after the effective date
of this chapter, shall be convicted of, or plead guilty or no contest
to, a violation of this chapter, or shall be convicted of, or plead
guilty or no contest to a violation of New York State Penal Law section
145.60 or section 145.65, as amended, shall be subject to imposition
of a fine not exceeding $250 or imprisonment for a period not exceeding
15 days for each such offense, or by both such fine and imprisonment.
Such person shall also be separately liable to the Town of Hempstead
for a civil penalty in the amount of up to $10,000 for each building,
structure or ground surface affected.
[Amended 9-8-2020 by L.L. No. 42-2020, effective 10-20-2020]
