[HISTORY: Adopted by the Common Council of
the City of Kingston 8-6-1996, approved 8-12-1996. Amendments noted
where applicable.]
[Amended 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
It is the intention of the City of Kingston
Common Council to promote the health, safety and welfare of the residents
of the City of Kingston by adopting a local law designed to deter
the defacing of public and private property with aerosol spray paint
cans, broad-tip markers, pens, and writing and artistic devices. The
Common Council finds further that such defacement of property is most
often committed by persons under 18 years of age using aerosol spray
cans and broad-tipped indelible markers; that such persons rarely
have a legitimate need for such aerosol cans or markers; that where
such a need exists, such aerosol cans and markers may be furnished
by a parent or guardian and, therefore, that, within the City, the
sale of such aerosol cans and markers to such persons would be restricted.
Further, it is the recommendation of the Common Council that, where
appropriate, the City Court require those who commit acts of defacement
to restore the property so damaged, or to perform suitable alternate
community service pursuant to the Court's direction.
As used in this chapter, the following terms
shall have the meanings indicated:
Any felt tip marker or similar implement containing a fluid
or coloring matter that is not water soluble and which has a flat
or angled writing surface of 1/2 inch or greater.
To mar the face or surface of, disfigure, injure or spoil
the appearance of.
The etching, painting, covering, drawing upon or otherwise
placing of a mark upon public or private property with intent to damage
such property.
Any instrument or similar implement that contains an ink
fluid or similar coloring matter.
Any crayon, pastels stick, charcoal and artistic paints.
A.
No person shall make graffiti, write, paint, spray
or draw any word, work, inscription, design, figure or mark of any
type on or otherwise mar or deface any building, public or private,
or any other property, real or personal, including any church, synagogue,
statue, monument, passenger or commercial vehicle, bridge, dwelling
or structure of any kind, including those in the course of construction,
owned by any person, firm or corporation or any public agency or instrumentality,
without the express permission of the owner or operator of said property.
B.
No person shall possess any graffiti instruments such
as 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 which that person has no permission
or authority to etch, paint, cover, draw upon or otherwise mark, under
circumstances evincing an intent to use the same in order to damage
such property.
C.
No person shall knowingly or having reason to know
that the purchaser of an aerosol spray paint can, broad-tipped markers,
pens, and writing and artistic devices is under 18 years of age and/or
who intends to use said paint, markers, pens and writing and artistic
devices for an illegal purpose, sell or offer to sell such product
or products to any such purchaser.
[Added 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
D.
Any person selling or offering for sale aerosol spray
paint cans, broad-tipped markers, pens and writing and artistic devices
shall post in a conspicuous place a sign which clearly states: "It
is unlawful to sell aerosol spray paint cans, broad-tipped markers,
pens and writing and artistic devices to any person under the age
of 18 years of age with intent to use the same for illegal purposes.
[Added 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
E.
It shall be the duty of any person or entity who sells or offers for sale any container described in Subsection C to require, from any person desiring to purchase such container, identification and proof of such person's age before selling or delivering a container to such person.
[Added 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
F.
Persons engaged in the sale of aerosol spray paint
cans and broad-tipped indelible markers shall prominently display
this section or summary thereof.
[Added 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
A.
It shall be the responsibility of any person owning,
occupying, or in control of residential or commercial property to
remove graffiti within 15 days of notification of the existence of
graffiti on his or her property. A reinspection fee in a sum set forth
in the fee schedule to be established by resolution of the Common
Council of this City[2] shall be charged if the violation is not corrected. All
unpaid reinspection fees shall be assessed to the owner against the
property and shall be added to the tax bill for said property.
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
B.
The City of Kingston hereby recommends to the judiciary
who may be involved with the handling of any violators of this chapter
that their sentences include, but are not limited to, a sentence that
requires said offenders to remove graffiti within the City of Kingston
under the proper supervision of a person designated by said court.
[Amended 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
Any person who violates the provisions of this
chapter for a first offense shall be guilty of a violation punishable
by a fine of not more than $250, and for a second or subsequent offense
shall be guilty of a Class B misdemeanor punishable by a fine of not
more than $500 or 90 days' imprisonment, or both. The process of any
fines collected under this chapter shall be segregated in an account
to be used only for beautification efforts throughout the City of
Kingston. The Court may consider a conditional discharge upon the
condition that, with the consent of the owner, the defendant restore
the property so defaced to its original condition, within five days,
by means of the defendant's own labor or on the condition of monetary
restitution in an amount not to exceed the cost of said restoration.
[Amended 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
A.
The parent or legal guardian, other than the state or local Social Services Department or foster parent, of any minor over the age of 10 years and under 18 years that violates any provision of this chapter shall be held liable for any damages and/or cleanup costs that result from a violation of § 250-3A of this chapter.
B.
If anyone sells an aerosol spray paint can(s), broad-tipped
marker(s), pen(s) and writing and artistic devices to a minor or anyone
he or she knew or should have known would use it for an illegal purpose,
he or she shall be held liable for any damages and/or cleanup costs
that result from the violation.
C.
The owner of a building or structure which is defaced
in accordance with this chapter shall be responsible for cleaning
and removing said defacement from the building to the satisfaction
of the Code Enforcement Officer within 14 days of notification by
the City of Kingston Code Enforcement Officer. Where the building
owner does not remove the defacement within 14 days, the City shall
undertake to remove said defacement and shall bill the property owner
for the costs incurred. These expenses shall be a lien against the
premises which was the subject of the defacement and may be assessed
against the same on the City tax roll.
[Added 5-1-2007 by L.L. No. 2-2007,
approved 5-21-2007]
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, paragraphs, section or part thereof directly
involved in the controversy and in which such judgment shall have
been rendered.
