Town of Huntington, NY Graffiti

The Town Board hereby finds and declares that the use of broad-tipped indelible markers, aerosol spray paint cans or other marking devices used in connection with the writing of graffiti on walls, public and private buildings, monuments, statues and other structures has become a major problem in the Town of Huntington and is harmful to the general public and violative of the public health, peace, safety and welfare of the residents of the Town of Huntington.

The Town Board further finds, based upon past experience, that such defacement of property is most often committed by persons under 18 years of age using aerosol spray paint 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 or markers may be furnished by a parent or guardian; and, therefore, that within the town the sale of aerosol spray paint cans and broad-tipped indelible markers should be prohibited, and persons engaged in the retail sale of such aerosol cans and markers should be required to take reasonable steps to prevent the theft of such cans and markers.

§ 119-3 Prohibited acts.

No person shall write, paint or draw any word, inscription, design, figure or mark of any type or otherwise mar or deface any property, real or personal, without the express written permission and consent of the owner or proprietor thereof or, in the case of public property, of the person having the charge, custody or control any graffiti upon:

(1)

Any property, public or private, building, church, synagogue, statue, monument, office, passenger or commercial vehicle, public passenger vehicle, bridge, mass transit equipment or facility, dwelling or structure of any kind, including those in the course of erection or construction.

(2)

The doors, windows, steps, railing, fencing, balconies, stairs, balustrades, porches, halls, walls, sides or any enclosure thereof or any movable property.

No person shall disfigure, cut, cover or rub with or otherwise place filth or excrement of any kind on any property stated in Subsection A(1) or (2) without the express written permission and consent of the owner or proprietor thereof or, in the case of public property, of the person having the charge, custody or control thereof.

No person shall write, paint, or draw any word, picture, inscription, design, figure, phrase, statement, symbol, or mark of any type which indicates bias or hatred of a person's race, color, religion, disability, sexual orientation, gender, national origin or ancestry.

[Amended 6-9-2015 by L.L. No. 26-2015]

(1)

Rebuttable presumption. The use of a word, picture, phrase, statement or symbol that is recognized as hateful, derogatory or inflammatory towards race, color, religion, disability, sexual orientation, gender, national origin or ancestry in graffiti shall create a rebuttable presumption that such words, pictures, phrase, statements or symbols were depicted intentionally to show bias or hatred of the persons selected due to the victim's race, color, religion, disability, sexual orientation, gender, national origin or ancestry.

§ 119-4 Sale of aerosol paint cans and indelible markers.

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.

No person who sells or offers for sale aerosol spray paint cans or broad-tipped indelible markers shall place such cans or markers on display but shall display only facsimiles of such cans or markers containing no paint, ink or other colored fluid.

§ 119-5 Property owner's responsibility.

[Added 10-26-1993 by L.L. No. 12-1993[1]; amended 5-22-2007 by L.L. No. 22-2007]

It shall be unlawful for any person or business entity owning property to allow any form of graffiti to remain on any building, structure, accessory structure, wall or fence on the property.

All graffiti on property shall be removed and the surface finish restored by the property owner within ten (10) days of issuance of a notice of violation by the town.

All graffiti on any property of the kind described in § 119-3(C) of this chapter shall be removed and the surface finish restored by the property owner within three days of issuance of a notice of violation by the town as described in § 119-11 of this chapter.

[Added 6-9-2015 by L.L. No. 26-2015]

[1]

Editor's Note: This local law also provided for the renumbering of §§ 119-5, 119-6 and 119-7 as §§ 119-6, 119-7 and 119-8, respectively.

§ 119-6 through § 119-10. (Reserved) [1]

[1]

Editor's Note: Former § 119-6, Penalties for offenses, was redesignated as § 119-16 by L.L. No. 22-2007, adopted 5-22-2007; former § 119-7, Severability, and § 119-8, When effective, were repealed 5-22-2007 by L.L. No. 22-2007.

§ 119-11 Enforcement; action by the Town.

[Added 5-22-2007 by L.L. No. 22-2007; amended 6-9-2015 by L.L. No. 26-2015]

Notice to remove. In addition to issuing a notice of violation, appearance ticket and/or a summons, the Director of Public Safety, or his/her designee, is authorized to notify the property owner, or his agent, or person-in-charge of the property, in writing, to remove, remedy or abate the graffiti within 10 days of receipt of such written notice or three days if the graffiti is of the kind described in § 119-3(C) of this chapter. Such notice shall be mailed by certified or registered mail, return receipt requested, and addressed to the property owner at the last address shown on the most current assessment roll on file in the Office of the Town Assessor, or to the owner's agent or person-in-charge at the last known address. The notice shall contain a statement of the dates(s) upon which an inspection was conducted on the property to determine the presence of graffiti, the address of the affected property, and the specific nature of the graffiti, as well as a dated photograph of the graffiti. The notice shall notify the owner, agent, or person-in-charge of the property that upon their failure to remedy the graffiti within the specified time, the Town, through its contractors or otherwise, shall remove, remedy or abate the graffiti and all costs of such work, together with an administrative fee of $250 shall be borne by the property owner, and if unpaid, shall be reported to the Receiver of Taxes and become a lien and charge on the premises on which it is levied. Said notice shall further notify the owner of the property's placement on the Graffiti-Blight Property Inventory List, if applicable. Unless said owner offers reasonable proof that that prior graffiti on the property was abated within the time prescribed by § 119-5 of this chapter, an annual registration fee shall be added to the property tax bill for the premises after 30 days of receipt of said notice.

[Amended 7-21-2020 by L.L. No. 20-2020]

(1)

Registration Fees. After 30 days from the date of notice, if unpaid and absent proof to the contrary, the following registration fees shall be imposed:

(a)

A registration fee of $5,000 shall be added to the tax bill for any commercial building or property;

(b)

A registration fee of $2,500 shall be added to the tax bill for any residential building or property;

(c)

Any surplus administrative, mitigation or registration costs imposed by the Town shall be allocated to the existing blight beautification fund as outlined in Chapter 158, Article II, with the intent of financing the Town's revitalization and anti-blight/anti-graffiti efforts.

Action upon noncompliance. Upon the failure, neglect or refusal of such owner, his agent or person-in-charge of the property to remove, remedy or abate the graffiti within the specified period of time; or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed, the Director of Public Safety may direct the Department of General Services or other appropriate party to remedy or abate the graffiti.

Action of the Town. Upon the failure, neglect or refusal of such owner to comply with the notice, Town personnel, or other authorized agent may upon reasonable written notice, enter the premises for the purpose of removing, remedying or abating the graffiti by whatever means deemed necessary or proper by the Town, at the expense of the property owner.

(D)

Any person or business entity who resists, obstructs or impedes the agents, servants, officers and/or employees of the Town of Huntington in the remediation or abatement shall be in violation of this article and shall be subject to the fines and penalties provided herein.

(E)

Liability for the costs of remediation or abatement. The property owner shall be liable for the direct and indirect costs of abating the graffiti and all expenses incidental thereto, including but not limited to an administrative fee equal to $250. Said administrative fee is intended to reimburse the Town for the monies and time expended in abating the graffiti and collecting the sums due, including but not limited to notifying the appropriate parties, certifying the amounts due to the Town, and charging same against the property.

(F)

The costs incurred by the Town shall be certified by the director of each town department providing services and the Department of Public Safety shall mail written notice of such costs by certified or registered mail, return receipt requested, to the owner of the premises at the last address shown on the most current assessment roll on file in the Office of the Town Assessor. Said notice shall further state that the failure of the property owner to pay such sums within 30 days of receipt of such written notice by cash, certified or bank check, or money order, shall be sufficient cause to add the amount due to the tax bill without further notice.

(G)

Recovery of costs; tax lien. In the event the property owner refuses and/or neglects to pay the monies due and owing to the Town within said thirty-day period, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certification of costs shall be provided by the Department of Public Safety to the Town of Huntington Tax Receiver who shall cause the costs as shown thereon to be charged against such lands without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

(H)

Waiver of Fees for Crime Victims. In the event a property owner claims the graffiti was the result of a crime and can produce a police report attesting to this, there shall be no administrative fee and/or registration fee, if applicable, in connection with the graffiti removal. The property owner will, however, be assessed the cost of removal, remediation or abatement of the graffiti by the Town. The Town will assist the property owner in recouping fees associated with removal, remediation or abatement by providing a bill for the cost of removal, remediation or abatement to the Suffolk County District Attorney's Office to help the property owner recover the cost of removal, remediation or abatement of the graffiti by the Town through restitution and/or if the property owner initiates civil litigation to recoup the costs of graffiti removal, remediation or abatement by the Town from the offender.

§ 119-12 through § 119-15. (Reserved)

§ 119-16 Penalties for Violations.

[Amended 10-26-1993 by L.L. No. 12-1993; 5-22-2007 by L.L. No. 22-2007; 11-6-2019 by L.L. No. 56-2019]

Any person or business entity who commits any act in violation of § 119-3 and § 119-4 of this Chapter shall be deemed to have committed an offense, and upon conviction thereof, shall be subject to a fine of not less than five hundred ($500.) dollars nor more than two thousand five hundred ($2,500.) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment. Upon conviction of a second or subsequent offense committed within five (5) years of the first offense, a person or entity shall be subject to a fine of not less than two thousand five hundred ($2,500.) dollars nor more than five thousand ($5,000.) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment. Each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner.

[Amended 9-14-2021 by L.L. No. 50-2021]

In addition to the costs assessed against the property pursuant to § 119-11, any person or business entity who commits any act in violation of § 119-5(A) or § 119-11(E) of this Chapter shall be deemed to have committed an offense, and upon conviction thereof, shall be subject to a fine of not less than $100 and not more than five hundred ($500.) dollars for a first offense. Upon conviction of a second or subsequent offense committed within five (5) years of the first offense, a person or entity shall be subject to a fine of not less than one thousand ($1,000.) dollars nor more than two thousand five hundred ($2,500.) dollars. Each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner.

[Amended 9-14-2021 by L.L. No. 50-2021]