[Adopted 11-5-1986 by L.L. No. 9-1986]
As used in this chapter, the following terms
shall have the meanings indicated:
BROAD-TIPPED INDELIBLE MARKER
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.
DEFACE
To mar the face or surface of, disfigure, injure or spoil
the appearance of.
GRAFFITI
An inscription, figure, mark or design which is written,
scratched, painted or drawn on a wall, building, monument, statue,
rock or any other surface of real or personal property.
[Amended 8-17-1993 by L.L. No. 8-1993]
A. No person shall sell or offer to sell an aerosol spray
paint can or broad-tipped indelible marker to any person under 18
years of age, unless accompanied by a parent or guardian.
B. Any person selling or offering for sale aerosol spray
paint cans shall only display and/or offer for sale aerosol spray
paint cans in a secure enclosed display or behind a sales counter
which is not accessible to the public.
C. Any person selling or offering for sale aerosol spray
paint cans or broad-tipped indelible markers shall post in a conspicuous
place a sign which clearly states: "It is unlawful to sell aerosol
spray paint cans or broad-tipped indelible markers to any person under
the age of 18 years."
[Amended 8-17-1993 by L.L. No. 8-1993; 4-27-2022 by L.L. No. 10-2022]
A. Any person who shall violate the provisions of §
136-4 of this chapter shall be guilty of an offense punishable by a fine not less than $100 nor more than $250 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $250 nor more than $500; and for conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $750.
B. Any person who shall violate §
136-3 of this chapter shall be guilty of a Class A misdemeanor, punishable by a fine of not less than $250 nor more than $1,000 or imprisonment for not more than one year, or both. The court may, in its discretion, suspend the fine if, with the consent of the property owner, the offender agrees to and does, in fact, restore the property to the condition it was in prior to its destruction, damage or defacement or agrees to and does, in fact, provide restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. In making this determination, the court shall also consider recommendations made by the victim.
C. Penalty increases.
(1) If a person does all of the following, the penalties for the offense shall be increased as provided in Subsection
C(2) of this section:
(a)
Violates the provisions of §
136-3 of this chapter.
(b)
Intentionally selects the person or group of
persons whose property is defaced without the express written consent
of the owner or proprietor thereof or selects the property which is
damaged or otherwise affected by the act because of the race, color,
religion, disability, sexual orientation, national origin or ancestry
of that person or group of persons or the owner or occupant of that
property and defaces said property with graffiti indicating bias or
hatred of the persons selected due to the victim's race, color, religion,
disability, sexual orientation, national origin or ancestry.
(2) If an offense as described in Subsection
C(1) above is proven, the offender shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,500 or imprisonment for not more than one year, or both. The court may, in its discretion, with the consent of the property owner, require the offender to restore the property to the condition it was in prior to its destruction, damage or defacement or require restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. In making this determination, the court shall also consider recommendations made by the victim.
D. Any person found by the Bureau of Administrative Adjudication to have violated §
136-4 of this chapter shall be subject to a monetary penalty in an amount within the range of fines set forth in Subsection
A for a first offense and subsequent offenses. Any person found by the Bureau of Administrative Adjudication to have violated §
136-3 of this chapter shall be subject to a monetary penalty in an amount within the range of fines set forth in Subsection
B. The monetary penalty for a violation of §
136-3 shall be modified as provided in Subsection
C if the factors specified therein for an enhanced penalty are established.
[Added 8-17-1993 by L.L. No. 8-1993]
Under the authority of § 91 of the
General Municipal Law of the State of New York, any person who shall
provide information which leads to the detection, arrest and conviction
of any other person of a violation of this chapter shall be entitled
to a reward equal to one-half (1/2) of any fine imposed by the court,
but in no event greater than $1,000.
[Added 8-17-1993 by L.L. No. 8-1993]
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 and under 18 who violates any provision of this
chapter shall be held liable for any damages and/or clean-up costs
that result from a violation of the provisions of this chapter.
B. If anyone sells a broad-tipped marker and/or aerosol
spray paint can to a minor or anyone he knew or should have known
would use it for an illegal purpose, he shall be held liable for any
damages and/or clean-up costs which result from the violation.
[Adopted 6-15-1999 by L.L. No. 1-1999]
[Amended 5-5-2011 by L.L. No. 10-2011; 6-9-2014 by L.L. No. 8-2014; 4-27-2022 by L.L. No. 10-2022]
It is the responsibility of the owner, and his
or her lawful occupant, lessee and person in charge, of any building
or structure which has been defaced with graffiti to completely remove
said graffiti from the building or structure within five days of the
defacement. Failure to remove said graffiti within five days shall
be an offense punishable by a fine of not less than $250 nor more
than $1,000 which must be imposed and a term of imprisonment for a
period not to exceed six months, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, a fine not less than $1,000 nor more
than $2,500 must be imposed and a term of imprisonment for a period
not to exceed 15 days may be imposed, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, a fine not less than $2,500 nor more than
$5,000 must be imposed and a term of imprisonment for a period not
to exceed 15 days may be imposed, or both. Each day's continued violation
shall constitute a separate additional offense. Any person or entity
found by the Bureau of Administrative Adjudication to have failed
to remove graffiti within five days of defacement is likewise subject
to a monetary penalty of an amount within the range of fines set forth
above for a first offense, subsequent offenses and continuing offenses.
[Amended 1-25-2011 by L.L. No. 4-2011; 5-5-2011 by L.L. No.
10-2011; 6-9-2014 by L.L. No. 8-2014; 4-27-2022 by L.L. No. 10-2022]
Failure of the owner, or his or her lawful occupant,
lessee or person in charge, of any building or structure to remove
graffiti therefrom within five days after receipt of the written notice
shall be an offense, punishable by a fine of not less than $500 nor
more than $1,000 which must be imposed and a term of imprisonment
for a period not to exceed 15 days may be imposed, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, a fine not less than
$1,000 nor more than $2,500 must be imposed and a term of imprisonment
for a period not to exceed 15 days may be imposed, or both; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, a fine not less than $2,500 nor more
than $5,000 must be imposed and a term of imprisonment for a period
not to exceed 15 days may be imposed, or both. Each day's continued
violation shall constitute a separate additional offense. Any person
or entity found by the Bureau of Administrative Adjudication to have
failed to remove graffiti within five days after the receipt of written
notice is likewise subject to a monetary penalty of an amount within
the range of fines set forth herein for a first offense, subsequent
offenses and continuing offenses.
[Amended 6-9-2014 by L.L.
No. 8-2014]
Notice required by §§
136-8 and
136-9 shall be served by posting said notice in a conspicuous place at the premises, personally to the owner, lessee or occupant of the premises, or certified mail to the address of the owner of the premises on file with the Assessor.
[Added 6-6-2000 by L.L. No. 11-2000]
In addition to the penalties contained in this
article, the Town Department of Public Works, after notices have been
sent pursuant to the provisions of this article, may enter upon the
property to remove the graffiti. The cost of the removal of the graffiti
shall be certified by the Commissioner of the Department of Public
Works to the Assessor, who shall assess the cost thereof to the property
as a lien and collect it as provided by law.