Village of Bellerose, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Bellerose 4-11-1994 as Ord. No. 1-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Parental responsibility — See Ch. 155.
Vandalism and mischief — See Ch. 157, Art. III.
Property maintenance and housing — See Ch. 165.
This chapter shall be cited and may be referred to hereafter as the "Graffiti Law."
The Board of Trustees of the Incorporated Village of Bellerose hereby finds and declares that graffiti poses a serious problem for our residents and merchants. The unabated proliferation of graffiti is a physical blight upon the landscape of the Village, it reduces property values, causes damage to real and personal property and costs taxpayers, merchants and homeowners substantial moneys to remove and repair. The Board also finds that, when unchecked, graffiti presents an image of a deteriorating community.
As used in this chapter, the following terms shall have the meanings indicated:
BROAD-TIPPED INDELIBLE MARKER
Any felt-tipped marker or similar marker containing fluid.
GRAFFITI
The etching, painting, covering, drawing upon or otherwise placing a mark upon public or private property with intent to damage such property.
A. 
Possession of any aerosol spray paint can or broad-tipped indelible marker or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon any public or private property by any person in the proximity of any defacement, without the prior express written consent of the owner or operator of the property having been obtained, shall create a rebuttable presumption that such person did deface public or private property in violation of this Code.
B. 
A person is guilty of possession of a graffiti instrument(s) when such person possesses any aerosol spray paint can or broad-tipped indelible marker or tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise place a mark, unless the express prior written permission of the owner or operator of the property has been obtained.
C. 
No person shall sell or offer to sell an aerosol spray paint can or broad-tipped indelible marker or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property to any person under the age of 18 years.
D. 
No person shall make graffiti of any type upon any building, public or private, or any other property, real or personal, owned by any firm, person or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.
E. 
The occupant or lessee of any commercial or residential premises located within the Incorporated Village of Bellerose which has any form of graffiti on any building, structure or accessory structure or building shall remove said graffiti within one week after written notice to said occupant or lessee by the Incorporated Village of Bellerose to remove the same. The removal of the graffiti shall be at the sole cost and expense of the occupant or lessee of said building or structure or accessory building or structure.
Any person who has been found guilty of any violation of the provisions of this chapter shall be punished by a mandatory minimum fine of $250 for each violation thereof and/or shall be imprisoned up to 15 days in jail, or both. In addition, that person, in the court's discretion, shall be liable for the cost of removing said graffiti from the property so defaced as part of such punishment pursuant to the violation hereof or to perform suitable alternate community services pursuant to the court's discretion.
If any clause, sentence, paragraph, section or part thereof contained in this Article 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 in which such judgment shall have been rendered.
This chapter shall take effect immediately.