[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 9-10-2007 by L.L. No. 15-2007. Amendments noted where applicable.]
The Board of Trustees of the Village of East
Rockaway enacts this chapter to prevent the spread of graffiti vandalism
and to establish the means for the removal of graffiti from public
and private buildings and property. The Board of Trustees has determined
that the defacing of private and public property with graffiti creates
an unsightly appearance and a public nuisance for the community and
Village residents. Further, graffiti on public and private property
devalues property values in the community and causes a decline in
the quality of life for the Village residents. Moreover, graffiti
is often used as a gang marker or tag to promote gang activity or
designate gang territories in a locale. It is the purpose of this
chapter to prevent public and private buildings and property from
being defaced and defiled with graffiti to ensure that graffiti is
promptly removed from said buildings and property and to eliminate
gang activity in our communities.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, such as garages,
fences, retaining walls, facades or any other structure, located within
the Village of East Rockaway.
Any illicit and/or unauthorized inscription, word, figure,
mark, painting, shape or other defacement that is written, marked,
etched, drawn, painted, scratched, sprayed, engraved or portrayed
on or otherwise affixed to any surface of any public or private building
or other structure or any other real or personal property owned by
others or that is deemed a public nuisance by the Village of East
Rockaway.
Any aerosol spray paint matter or broad-tipped marker with
a marking surface of 1/4 inch or more in any direction or any other
substance or item used to make graffiti and/or related vandalism.
Any person who is less than 18 years of age.
Includes any real property, appurtenances and personal property,
including all trailers, vehicles or other similar personal property,
wherever it may be.
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
No person shall apply graffiti on any public
or private building or other structure or any other real or personal
property owned by others.
A.Â
No person shall carry an aerosol spray paint can,
broad-tipped indelible marker or any other graffiti implement under
circumstances which evince the intent to violate the provisions of
this chapter.
B.Â
It is unlawful for a person to use any object, bicycle
or vehicle to assist a person to commit a violation of this chapter.
[Amended 5-11-2009 by L.L. No. 4-2009]
A.Â
Removal by perpetrator. Any person applying graffiti
shall have the duty to remove the graffiti within 24 hours after notice
by a property owner. Such removal shall be done in a manner prescribed
by the Superintendent of the Building Department. Any person applying
graffiti shall be responsible for the removal or the payment of the
cost of removal. Failure of any person to remove the graffiti or to
pay for the removal shall constitute an additional violation of this
chapter. Where graffiti is applied by a minor, the parents or legal
guardian shall be jointly and severally liable for such removal or
for the payment of such removal.
B.Â
Removal by property owner.
(1)Â
In the event the graffiti is not removed from the property in accordance with Subsection A above, the property owner shall remove the graffiti or shall pay to have the graffiti removed from the property within 10 days of receiving a notice of defacement from the Village of East Rockaway. Said notice of defacement shall contain the following information:
(a)Â
The street address and/or other legal description
of the property sufficient for identification of the property;
(b)Â
A description of the graffiti and its approximate
location on the property; and
(c)Â
A statement that the graffiti must be removed within 10 days of receipt of the notice and that if the graffiti is not removed within that time the Village will declare the graffiti on the property to be a public nuisance subject to the removal by the Village procedures contained in Subsection C.
(2)Â
Graffiti with offensive content. Any graffiti applied
within the Village which includes a message, picture or symbol that
is obscene, racist, sexually explicit, a true threat or that is likely
to incite unlawful activity shall be removed by the property owner
within 24 hours of notification by the Village. Said notification
may be verbal or in writing.
C.Â
Removal or covering by Village. In the event the graffiti is not removed from the property in accordance with Subsections A and B above, the Village may utilize public funds to remove or cover the graffiti pursuant to the following procedure:
(1)Â
The Village shall make a written declaration that
the graffiti is a public nuisance and that it intends to remove the
graffiti from the property, or, in the case of graffiti with offensive
content, the Village shall provide a verbal or written notification
to the property owner.
(2)Â
In the case of graffiti not having offensive content, the Village shall serve a copy of said declaration, described in Subsection B above, upon the owner of the property by first-class mail.
(3)Â
After 10 days have expired from service of the declaration,
or, in the case of graffiti with offensive content, after 24 hours
have expired from the Village's notice, the Village may remove or
cover the graffiti.
(4)Â
Upon removal or covering of the graffiti, the Village
will serve the owner, by first-class mail, with a copy of the invoice
covering all costs related to the removal or covering of the graffiti.
(5)Â
The property owner shall pay said invoice within 30
days of receipt of said invoice.
(6)Â
If the invoice is not paid within 30 days of presentment,
then in that event:
(a)Â
If the property on which the graffiti was removed
or covered is real property, the amount of the unpaid invoice, plus
an administrative charge of $100, shall be attached to the next property
tax invoice for said real property as a special assessment and shall
become a lien on said real property with the same force and effect
as a tax levy; or
(b)Â
If the property on which the graffiti was removed
or covered is personal property, the amount of the unpaid invoice,
plus an administrative charge of $100, shall be a continuing and perpetual
lien in favor of the Village upon all property, both real and personal,
belonging to the owner of the personal property where the graffiti
was removed or covered and shall have the same force and effect as
a lien created by judgment. The lien shall attach to all property
belonging to the owner at any time during the period of the lien,
including any property obtained after the lien arises. The lien shall
have priority over all other liens except real property taxes. The
County Clerk of the county where any owner's property is located shall
record the lien in its judgment liber.
(7)Â
The Village Board, upon recommendation by the Superintendent
of the Building Department, may waive presentment to the property
owner of the invoice for the cost of the removal or covering of the
graffiti.
A.Â
Any person violating this chapter shall be punished
by a fine of $500 for the first offense; $1,000 for the second offense;
and $2,000 for each subsequent offense, or by imprisonment for a term
not to exceed 60 days, or by both fine and imprisonment, at the discretion
of the court.
B.Â
In the event a minor violates this chapter, the parents
or legal guardian of the minor shall be jointly and severally liable
with the minor for the payment of all fines, fees and costs. Failure
of the parents or legal guardian to make said payment will result
in the filing of a lien, in an amount equal to the fines, fees and
costs, on any and all property owned or possessed by the parents or
legal guardian.
C.Â
In addition to any penalty prescribed herein, the
court shall order any violator to make restitution to the victim and/or
property owner for damages or losses caused directly or indirectly
by an offense herein in the amount or manner determined by the court.
In the case of a minor, the parents and legal guardian shall be ordered
jointly and severally liable with the minor to make restitution.
D.Â
In lieu of or in addition to any penalty prescribed
herein, the court may order a violator herein to perform community
service, as designated by the court, based upon the following minimum
requirements:
(1)Â
A violator shall perform at least 30 hours of community
service.
(2)Â
In the event a minor violates this chapter, at least
one parent or legal guardian of said minor shall be in attendance
at the assigned community service.
(3)Â
The entire period of community service shall be performed
under the supervision of the court.
(4)Â
Reasonable effort shall be made to assign the violator
to a type of community service that is reasonably expected to have
the most rehabilitative effect on the violator, including community
service that involves graffiti removal.
This chapter shall be considered remedial in
nature and should be liberally construed to protect the health, safety
and welfare of Village residents, as well as to advance a more aesthetic
public environment, so that substantial justice is done.