As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, such as garages,
fences, retaining walls, facades or any other structure, located within
the Town of Oyster Bay.
GRAFFITI
Any mark, figure, drawing, inscription or other notation,
drawn, written, etched, painted or otherwise placed on any surface,
building or property, inclusive of the use of stickers or paste-on
stamps containing the marks defined herein, without the permission
of the owner or occupant thereof.
GRAFFITI IMPLEMENT
Any aerosol spray paint matter or broad-tipped marker with
a marking surface of 1/4 inch or more in any direction or any other
substance or item used to make graffiti and/or related vandalism.
OWNER
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
PERSON
Includes any human being, corporation, partnership, authority,
company, municipality, unincorporated association, special improvement
district, fire company, the State of New York or any other entity
able to sue or be sued.
PROPERTY
Includes any real property and appurtenances and personal
property, including all trailers, vehicles or other similar personal
property, wherever it may be.
VENDOR
Any person who offers for sale and/or transfer any graffiti
implement to any other person for value, consideration and/or otherwise.
No person shall make graffiti on any public or private building
or other structure or any other real or personal property owned by
others.
The parent or legal guardian, other than the state or a Local
Social Services Department, or a foster parent having custody of an
infant over 10 and less than 18 years of age shall, if such infant
willfully, maliciously or unlawfully makes graffiti or damages or
destroys real or personal property, which personal property is owned
or maintained by another, in addition to any other civil remedy a
person who has suffered damage may have, be held liable for such damage
or destruction. In no event shall such liability under this section
be in excess of the sum of $2,500. It shall be a defense to any action
brought hereunder that restitution has been made pursuant to § 758-a
or 353.6 of the Family Court Act or Subdivision 2(g) of § 65.10
of the Penal Law. It shall also be a defense to an action brought
under this section that such child has become emancipated from his
parent or legal guardian prior to the occurrence of such damage. In
lieu of such liability, or in combination therewith, the court may
order such infant to perform services for the public good, as permitted
by the General Obligations Law.
It shall be the duty of any peace officer, police officer of
the County of Nassau or any duly authorized agent of the Town of Oyster
Bay who is authorized to issue an appearance ticket or otherwise designated
by the Town Board of the Town of Oyster Bay to enforce the provisions
of this chapter against any person found to be violating the same.
[Amended 3-7-2023 by L.L. No. 4-2023]
A. Any violation of any section of this chapter except as otherwise
specifically set forth shall be a Class A misdemeanor punishable by
one year imprisonment and/ or a fine of not less than $500 nor more
than $1,000, in addition to mandatory community service hours. There
shall also be imposed a mandatory $100 surcharge for the Town of Oyster
Bay Anti-Graffiti Program.
B. Any person convicted of a violation of §
128-2 or
128-3A, in addition to the penalties listed above and where the violation was committed by a person under the age of 18 years, shall perform not less than 10 hours of community service during a time other than during his or her school attendance requirement. One parent or guardian shall be present at the site of the community service for at least 1/2 of the hours of community service required under this section, unless attendance by the parent or guardian is deemed by the court to be inappropriate or potentially detrimental to the child.
[Added 8-19-1997 by L.L. No. 6-1997; amended 3-7-2023 by L.L. No. 4-2023]
In addition to and notwithstanding any other remedy for an offense
against this chapter; any person violating a directive issued by the
Commissioner or his/her duly authorized representative, made pursuant
to the provisions of this chapter, shall be guilty of a violation
punishable by a fine not exceeding $900 or imprisonment for a period
not to exceed 15 days, or both.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter shall be subject to
a monetary penalty within the range of fines authorized herein.
If any clause, sentence, paragraph, section or part of any section
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
and upon which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with
the State of New York.