[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]
