As used in this chapter, the following term shall have the meanings
indicated:
BROAD-TIPPED INDELIBLE MARKER
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.
Any person who has been found guilty of any violation of §
187-3 of this chapter shall be punished by a mandatory minimum fine of $250 for each violation thereof and/or shall be imprisoned up to 15 days in jail, or both. In addition, that person, in the court's discretion, shall be liable for the cost of removing said graffiti from the property so defaced as part of his or her punishment for the violation of this chapter or to perform suitable alternate community services pursuant to the court's discretion.
It is the responsibility of the owner or his agent of the building or
structure which had 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 a time frame of not less than 15 nor more than 45 days of receipt of
written notice of the defacement by any police official or Code enforcement
official of the Town of Cortlandt, said notice having been served personally
or as otherwise permitted by law, which may be extended further due to circumstances
beyond the property owner's control.
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 a fine
of not more than $100 for the first offense. Each fifteen-day period thereafter
shall be deemed a separate offense and shall subject the owner to additional
fines not to exceed $100 for each offense.
The provisions of this chapter shall not, in any way, preclude prosecution
and punishment of the prohibited conduct under the applicable provisions of
the New York State Penal Law, specifically, Penal Law §§ 60.28,
145.60 and 240.00, or any other applicable Penal Law sections. Further, nothing
herein shall preclude a court, in its discretion, from requiring a defendant's
successful participation in a graffiti removal program pursuant to Subdivision
2(h) of § 65.10 of the Penal Law.