[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.
A.
Making graffiti.
(1)
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.
(2)
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.
B.
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.
A.
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.
B.
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.
