[Adopted 9-6-2012 by Ord.
No. 4]
A.
Graffiti on public and private property is a blighting influence
which not only depreciates the value of the property which has been
the target of such graffiti but also depreciates the value of the
adjacent and surrounding properties and, in so doing, negatively impacts
upon the entire community.
B.
The Council finds that graffiti is a public nuisance and, unless
promptly removed from public and private properties, tends to remain
and to attract more graffiti; other properties are then the target
of graffiti. The City Council therefore determines that it is appropriate
that the City of Troy develop procedures to cause graffiti to be swiftly
removed from public and private property under the circumstances set
forth hereinafter. Through the adoption of this section, it is the
Council's intent and purpose to reduce blight and deterioration
within the City and to protect the public health and safety and to
provide additional tools to protect public and private property from
acts of graffiti vandalism and defacement. The Council does not intend
for this section to conflict with any existing anti-graffiti state
laws.
As used in this section, the following terms shall have the
meanings indicated.
Any unauthorized inscription, word, figure, marking or design,
painting and/or other defacement that is written, marked, etched,
scratched, sprayed, drawn, painted, posted, pasted, glued or engraved
on or otherwise affixed to any surface of public or private property
without the prior written consent of the owner of the property or
the owner's authorized agent, or in the case of public property,
of the person having charge, custody or control thereof.
A mark that portrays sexual or excretory activities and organs
in a manner that is offensive as measured by contemporary community
standards.
As defined in § 235 of the New York Penal Law.
A.
It shall be unlawful for any person to apply graffiti to any surface
on any public or private property.
B.
The existence of graffiti on public or private property is a public
nuisance and, therefore, is subject to removal and abatement provisions
specified in this section.
C.
It is the duty of the occupant, lessee, agent and owner of the property
to which the graffiti has been applied to keep the property clear
of graffiti at all times.
A.
Requirement to remove graffiti. Any person applying graffiti on public
or private property shall have the duty to properly remove or cover
the graffiti, or pay for the same, within 24 hours after notice by
the City or the private owner of the property involved. Where the
graffiti is applied by an unemancipated minor, the parents or legal
guardian of such minor shall be responsible for the proper removal
or covering or for payment for the same.
B.
Removal of graffiti by the property owner or City. If graffiti is not properly removed or covered by the applicator according to Subsection A, the graffiti shall be properly removed or covered pursuant to the following provisions:
(1)
Upon written or verbal complaint or of his/her own volition and after
inspecting the property, the Chief of Police or his/her designee shall
have the power and duty to request the restoration of property defaced
with graffiti upon seven days' written notice to the property
owner or other responsible person in charge of the property, providing
notification of the City's ability to restore the property should
the owner fail to do so.
(2)
Removal of graffiti by City on private property. Any property owner
or other responsible person in charge of the property may request
that community police, with the assistance of public works, remove
graffiti from private property.
(3)
Summary removal of graffiti. The City shall summarily remove graffiti
on public property.
(4)
Summary removal of obscene or indecent marks. The city shall summarily
remove or cover obscene and indecent marks which are visible to the
public on public or private properties.
A.
The Chief of Police or his/her designee shall maintain a registry
of all graffiti in the City of Troy. The registry shall contain the
property address, photographs of the graffiti, the date it was first
identified and the date it was removed.
B.
Prior to the removal or covering of any graffiti, the person removing
or covering the graffiti shall contact the head of community police
to arrange for documentation.
