[HISTORY: Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
Property maintenance — See Ch. 216.
Article I Sale, Purchase and Possession of Graffiti Implements
[Adopted 9-20-2011 by L.L. No. 6-2011]
The Town Board of the Town of Clarkstown has determined that graffiti and building defacement of public and private property causes a physical blight on the landscape of the Town, costly damage to property, a nuisance to the Town's residents and merchants and the expenditure of valuable resources of police and code enforcement personnel. As such, the Town Board has determined that the regulation of graffiti implements is the first line of defense against the proliferation of this nuisance.
As used in this article, the following terms shall have the meanings indicated:
- Any unauthorized word, drawing, figure, etching, inscription, painting, mark, message, slogan, symbol, object, sticker or any similar application placed, painted, drawn, etched, engraved or applied, or affixed in any manner, without the advance authorization of the owner, manager or occupant of a property, building, tree, rock, utility box or pole, waste receptacle or any other structure or surface, public or private.
- GRAFFITI IMPLEMENT
- Any device that can be used to apply graffiti as defined above, to include, but not limited to, items such as aerosol paint, indelible markers, paint sticks, etching tools and acid, stickers and other like implements.
It shall be unlawful and a violation of this chapter for a hardware store, hobby shop, home center and like merchants to offer for sale graffiti implements as defined above to minors under the age of 18 years. This section applies to employees, managers, operators and owners of such retail establishments, who are required to determine the age of the purchaser.
It shall be unlawful for an adult to furnish, provide, give, loan or otherwise supply graffiti implements to a minor for the purpose of applying graffiti or defacing property.
It shall be unlawful and a violation of this chapter for a minor under the age of 18 years to purchase or possess graffiti implements as defined in § 112-2 above in any public place or facility with the intent to deface property, public or private.
No person shall make or apply graffiti in any manner or place as defined in § 112-2 above. No person shall carry a graffiti implement as defined in § 112-2 above in any public place, building or facility with the intent to use said implement to apply graffiti or deface property in any manner. In addition to those offenses and violations set forth in the Penal Law of the State of New York, such act shall constitute a violation of this chapter.
The Town of Clarkstown offers a reward of $250 to any individual furnishing information which leads to a conviction under this chapter. The name of the informant shall not be released unless authorized by the informant.
[Amended 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any provision of this chapter shall be punished by a fine of up to $2,500. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000. In addition, violations of § 112-6 above shall result in the requirement by the violator to make restitution to the owner of the defaced structure, place or surface.
Enforcement of this chapter shall be by the Clarkstown Police Department and Town of Clarkstown personnel with code enforcement authority.