It has become apparent that the use of pens, writing and artistic devices
and spray can and marking devices used in connection with the writing of graffiti
on walls and other places of buildings and property has reached such significant
levels and proportions that immediate local attention should be given this
matter by this municipality. The defacing of such property and the use of
foul language in many of the writings is harmful to the general public and
violative of the good and welfare of the citizens, residents and people of
the City of Rye. It is the further intent of this legislation that any person
guilty of writing graffiti on buildings and property shall be punished so
that the punishment shall fit the offense.
No person shall write, paint or draw any inscription, figure or mark
of any type on any building, public or private, or any other property, real
or personal, owned, operated or maintained by any public benefit corporation,
the City of Rye or by any person, firm or corporation, or any agency or instrumentality
thereof, without the express written permission of the owner of the property
or his agent.
And person who violates §
104-2 of this chapter shall be punished by a fine of not more than $500 for a first offense and of not more than $1,000 for a second or subsequent offense or imprisonment for not more than 15 days, or by both such fine and imprisonment.
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 1/2 of any fine imposed
by the court, but in no event greater than $1,000.
It is the responsibility of the owner, or his agent, of the building
or structure which has been defaced without the owner's, or his agent's, prior
written permission by a writing, painting or drawing of any inscription, figure
or mark to completely remove said graffiti from the building or structure
within 10 days of receipt of written notice of the defacement by the Police
Commissioner or his designee, said notice having been served personally or
as otherwise permitted by law.
[Amended 8-14-2002 by L.L.
No. 4-2002]
Failure of the owner of the building or structure to remove the graffiti within the time allowed after written notice may subject the owner to civil proceedings or criminal prosecution as authorized by Chapter
108, Article
VIII, of the Code.
[Added 7-15-1992 by L.L.
No. 12-1992]
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.
B. For the purpose of this section, the term "broad-tipped
indelible marker" shall mean any felt tip marker or similar implement containing
a fluid that is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
[Added 7-15-1992 by L.L.
No. 12-1992]
Any person who violates the above provisions relating to the sale of
aerosol spray paint cans or broad-tipped indelible markers shall be subject
to a civil penalty of not more than $250.