[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 1-24-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
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.
Includes any real property and appurtenances and personal
property, including all trailers, vehicles or other similar personal
property, wherever it may be.
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.
A.Â
No person shall carry an aerosol spray paint can, broad-tipped indelible
marker or any other graffiti implement under circumstances which evince
the intent to violate the provisions of this chapter.
B.Â
It is unlawful for a person to use any object, bicycle or vehicle
to assist a person to commit a violation of this chapter.
A.Â
Sale and display of graffiti implements; violations.
(1)Â
No person shall sell, offer to sell or give aerosol spray paint,
broad-tipped markers or any other graffiti implements to any person
under the age of 18 years of age unless accompanied by an adult parent
or guardian.
(2)Â
No person offering aerosol spray paint and/or broad-tipped markers
or other graffiti implements for sale shall display said materials
except in a secure, enclosed, inaccessible display which will require
vendor assistance for the handling, purchase and/or sale of said items.
(3)Â
Any person who shall violate the terms of this provision shall, for
a first offense, be subject to a minimum fine of $100 and a maximum
fine of $500. For each and every subsequent offense within five years
of the date of offense on the accusatory instrument, such graffiti
vendor shall be subject to a fine of not less than $500, to a maximum
of $1,000, and/or 15 days imprisonment.
B.Â
Any person who offers for sale or transfer any graffiti implements
shall display at each entrance to the place of business and at, around
or about the area where graffiti implements are offered for sale or
transfer to the public a sign to be not less than two feet by three
feet, in red letters, at least one inch in height, the following statement:
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"It is unlawful to sell any aerosol spray paint or broad-tipped
marker to any person under the age of 18. Persons under the age of
18 who possess any graffiti implements may be prosecuted for a crime.
Penalties for violation of the graffiti ordinance of the Town of Oyster
Bay shall include: fines up to $1,000, imprisonment up to one year
in jail, community service, mandatory surcharges and forfeiture of
property."
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C.Â
Failure to properly display such sign shall result in a fine of not
less than $100 for a first offense. For any second or subsequent offense
within five years of the date of offense on the accusatory instrument,
there shall be a fine of $500 to $1,000 and/or 15 days' imprisonment.
A.Â
The owner, tenant and/or person in control of any building or personal
property shall be required to remove any graffiti applied to such
property not more than 15 days after such graffiti occurs. Failure
to remove graffiti shall be a violation of this chapter.
B.Â
Failure or refusal to remove graffiti.
(1)Â
In the event that the owner, tenant and/or person in control of such
a building, property or personal property shall fail or refuse to
remove graffiti from his property, then said person or persons may
be notified by certified mail, mailed to the property address, by
the Commissioner of Planning and Development or his designated agent,
that such person shall have a period of up to 15 days from receipt
of such notice to complete removal or coverage of such graffiti.
(2)Â
If such owner, tenant and/or person in control fails to comply with
the terms of such notice within the time set forth therein, then the
Town of Oyster Bay Commissioner of Planning and Development may order
employees of any town department or a contractor with an agreement
approved by the Town Board to engage in maintenance, repair and other
services needed to effectuate the elimination or coverage of such
graffiti on such property. All costs of such work shall be billed
to the owner of the property and, if unpaid after 90 days, shall be
certified to the County of Nassau for inclusion as taxes upon such
parcel of property as was benefitted thereby.
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.
A.Â
In accordance with appropriate law, any graffiti implement or other
item, material or tool used in the violation of this chapter or in
assisting with the commission of such violation shall be subject to
immediate seizure by any police officer, peace officer or other individual
authorized to enforce the provision of this chapter. Such items shall
be held as evidence in any action or proceeding brought with reference
to an offense under this chapter and shall be subject to forfeiture
by an order of such court or to any order by a Justice of the Supreme
Court.
B.Â
Any vehicle used in the transport of graffiti implements or persons
convicted of violating this chapter to or from a site or used in assisting
with the commission of such offense shall be subject to immediate
seizure by any police officer, peace officer or other individual authorized
to enforce the provisions of this chapter. Said vehicles shall be
held in evidence in any action or proceeding brought with reference
to an offense under this chapter and shall be subject to an order
of forfeiture of such court or to an order by a Justice of the Supreme
Court.
C.Â
The seizure of any graffiti implement and/or vehicle used in the
transport of graffiti implements shall be subject to forfeiture. The
true owner thereof must be provided with notice of such application
to forfeit such property at least 10 days prior thereof [which may
be mailed to such person(s), in which case at least 13 days' notice
of such application must be provided]. That person(s) shall also have
the opportunity to be heard with reference to the question of forfeiture
of such property as is set forth in the papers provided to such person(s)
before a judge of proper jurisdiction. The person(s) from whom the
property was seized shall be similarly notified of such proposed forfeiture.
D.Â
Any order of forfeiture shall be deemed a final order with respect
to such question. After service upon the person(s) of a copy of any
such order of forfeiture, such person(s) must serve and file a notice
of appeal within 15 days of the service upon them of such order directing
forfeiture.
E.Â
The Town Attorney of the Town of Oyster Bay and/or the District Attorney
of Nassau County are authorized to commence such application and prosecute
the same.
[Amended 3-7-2023 by L.L. No. 4-2023]
A.Â
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.[1]
[1]
Editor's Note: A copy of the Graffiti Abatement Program is
on file in the Town Clerk's office.
B.Â
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.
