[Added 11-6-1989; amended 6-6-2005 by Ord.
No. 17.31.05;8-1-2005 by Ord. No. 46.41.05]
A.
The Common Council finds that for the health, safety
and welfare of the residents of the City the laws designed to deter
the defacement of public and private property through the use of aerosol
spray paint cans, broad-tipped indelible markers, etching acid and
other marking devices shall be strengthened. The Common Council finds
further that such defacement of property is most often committed by
persons under 18 years of age, using aerosol spray paint cans, broad-tipped
indelible markers, and etching acid; that such aerosol cans and markers
are frequently stolen from retail stores by such persons; that such
persons rarely have a legitimate need for such aerosol cans, markers
or acids; that, where such a need exists, such aerosol cans, markers
or acids may be furnished by a parent or guardian and, therefore,
that within the City of Albany the sale of such aerosol cans, markers
and acids to such persons should be prohibited; and that persons engaged
in the retail sale of such aerosol cans, markers and acids should
be required to take reasonable steps to prevent the theft of such
cans and markers or the sale thereof to minors. Further, it is the
recommendation of the Common Council that, where appropriate and authorized
by law, the courts 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.
B.
The Common Council finds that the defacement of private
property by graffiti, especially vacant buildings, is proliferating
throughout the City and requires the enactment of measures to effect
its removal and to preserve, enhance and protect the aesthetics of
the City and to ensure the general welfare of the public.
As used in this article, 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 or disfigure, injure or spoil
the appearance of.
Any liquid, cream, paste or similar substance that can be
used to etch, carve, engrave, or otherwise impair the physical integrity
of glass or metal.
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.
A.
Graffiti and defacing of property prohibited.
(1)
No person shall write, paint or draw any word, inscription,
design, figure or mark, or otherwise mar or deface any property, real
or personal, public or private, nor any building, church, synagogue,
statue, monument, office, passenger or commercial vehicle, bridge,
dwelling or structure of any kind, including those in the course of
construction or any portion thereof, without the consent and express
permission of the owner or proprietor thereof or, in the case of public
property, of the person having charge, custody or control thereof.
B.
Sale of aerosol spray paint cans, broad-tipped indelible
markers and etching acids.
(1)
No person shall sell or offer to sell an aerosol spray
paint can, broad-tipped indelible marker or etching acid to any person
under 18 years of age.
(2)
A person who sells or offers for sale aerosol spray
cans, broad-tipped indelible markers or etching acids shall not place
such cans, markers or acids on display, but shall display only facsimiles
of such cans, markers or acids containing no paint, ink or other colored
fluid.
(3)
It shall be the duty of any person or entity who sells or offers for sale any container described in Subsection A 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 a person.
(4)
Persons engaged in the sale of aerosol spray paint
cans and broad-tipped indelible markers shall prominently display
this section or a summary thereof.
A.
Owners of property in the City of Albany shall be
responsible for removing or painting over graffiti and/or otherwise
restoring the property so defaced.
B.
Upon written or verbal complaint or of his/her own
volition and after inspecting the property, the Commissioner of the
Department of General Services, or his/her designee, shall have the
power and duty to request the restoration of property defaced with
graffiti, upon 20 days' written notice to the property owner or other
responsible person in charge of the property, or upon 60 days’
written notice in the case of property defaced with etching acids,
indicating the noncompliant condition of the property, offering technical
advice and information to assist in the restoration of the property
and providing notification of the Commissioner's ability to restore
the property so defaced should the owner fail to do so. Twenty days
after the property owner's failure to comply with such request, the
Commissioner may take appropriate action to remove or paint over the
graffiti. The City may charge a minimum fee for the removal of graffiti
from private property. The fee is to be determined by the Commissioner
of General Services, and the cost may be assessed as a lien on the
real property.
C.
Any property owner or other responsible person in
charge of the property may request that the Department of General
Services remove graffiti from private property, at the time, for a
fee to be determined by the Commissioner of General Services. The
Commissioner shall make every effort to accommodate such requests
in a timely manner.
The Department of Youth and Workforce Services,
in conjunction with the Department of General Services, shall be required
to produce and widely distribute a brochure entitled "Tips for Parents"
which shall offer suggestions to parents on how to prevent their children
from defacing property with graffiti. Such tips shall include but
not be limited to: checking backpacks for markers and paint cans,
as well as sketch books or school papers with graffiti tags, aerosol
can caps or nozzles, or fingertips marked with paint or marker residue.
The method of distribution shall be at the discretion of the Commissioner
of Youth and Workforce Services.
A.
Any person who shall violate any provision of § 255-38 shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both. It is the recommendation of the Common Council that, where appropriate, the courts imposing punishment require those who commit such acts of defacement to also restore the property so damaged and/or otherwise be required to provide and perform appropriate acts of community service, including but not limited to removal of graffiti.
B.
Owners of property who fail to comply with the written notice to remove graffiti as provided for in § 255-38.1 shall be punishable by a fine of not more than $10 per day until the owners of property comply with the written notice to remove graffiti.
[1]
This ordinance stated that it would take effect
retroactive to the effective date of Ord. No. 25.42.08.
If any term, part, provision, section, subdivision
or paragraph of this article shall be held unconstitutional, invalid
or ineffective, in whole or in part, such determination shall not
be deemed to invalidate the remaining terms, parts, provisions, sections,
subdivisions and paragraphs.
