[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 8-6-1998 by L.L. No. 4-1998 (Ch. 14A of the 1964 Code). Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Westbury hereby finds and declares that graffiti poses a serious problem for our residents and merchants. The unabated proliferation of graffiti is a physical blight upon the landscape of our village and costs taxpayers, merchants and homeowners substantial moneys to remove and repair. The Board also finds that, when unchecked, graffiti presents an image of a deteriorating community, a community that no longer cares about itself.
For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage or change the appearance of such property.
No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality without the express permission of the owner or operator of said property.
Possession of graffiti instrument. A person is guilty of possession of graffiti instruments when he possesses any aerosol spray paint can or any tool, instruments, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon any public or private property, by any person in the proximity of any defacement, without the prior express consent of the owner or operator of the property having been obtained, under circumstances evincing an intent to use the same, in order to deface such property and shall create a rebuttable presumption that such person did deface public or private property in violation of this chapter.
No person shall sell or offer to sell an aerosol spray paint can or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property to any person under the age of 18 years.
Any person, who has been found guilty of any violation of the provisions of this chapter shall be punished by a mandatory fine of $500 for each violation thereof and may be imprisoned up to 15 days in jail, and 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 punishment for a violation of this chapter, or to perform suitable alternate community services, pursuant to the court's discretion.
Requirement to remove graffiti. The occupant, lessee, sublessee, agent or landlord of any commercial or residential premises located within the Incorporated Village of Westbury which has any form of graffiti on any building, structure or accessory structure or building, surface or vehicles customarily stored or parked on said premises shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface by using the same color paint as existed previously on a defaced surface, within one week after written notice to the occupant, lessee, sublessee, agent or landlord by the Incorporated Village of Westbury to remove the same.
Remedy of village. If said graffiti condition is not cured or corrected within one week after written notice by the village to such person or entity of such violation, then the village shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises, surface or vehicle as set forth above, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, sublessee, agent or landlord of said premises on which the building or structure or accessory building or structure, surface or vehicle is located. The actual cost of the removal of the graffiti and/or repainting, plus the cost of the inspection of said graffiti and/or repainting and other costs incidental to such removal, shall thereupon become a lien upon the real property upon which the graffiti was found to be and shall be added to and become a part of the taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as taxes.