[HISTORY: Adopted by the Board of Trustees of the Village of Bellerose 4-11-1994
as Ord. No. 1-1994. Amendments noted where applicable.]
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:
Any felt-tipped marker or similar marker containing fluid.
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.
