[HISTORY: Adopted by the Town Board of the Town of Harrison 3-5-1997 by L.L. No. 5-1997. Amendments noted where applicable.]
It has become apparent that the use of pens, writing and artistic devices, spray cans and marking devices used in connection with the writing of graffiti on walls and other places of buildings and property has reached such significant levels and proportions that immediate local attention should be given this matter by this municipality. The defacing of such property and the resulting visual pollution are harmful to the general public and violative of the good will and welfare of the citizens, residents and people of the Town of Harrison. It is the intent of this legislation that any person guilty of writing graffiti on or otherwise defacing buildings and property shall be duly punished in a manner that fits the offense. It is the further intent of this chapter to ensure that buildings defaced with such graffiti shall be speedily cleaned.
No person shall write, paint, draw or otherwise affix any inscription, figure or mark of any type on any building, public or private, or any other property, real or personal, owned, operated or maintained by any public benefit corporation, the Town of Harrison or by any person, corporation or other entity or any agency or instrumentality thereof, without the express written permission of the owner of the property or his agent.
Any person who violates § 157-2 of this chapter shall be punished by a fine of not more than $500 for a first offense and of not more than $1,000 for a second or subsequent offense or imprisonment for not more than 15 days, or by both such fine and such imprisonment. Any defacing over an area greater than two square feet shall constitute a separate such offense.
Under the authority of § 91 of the General Municipal Law of the State of New York, any person who shall provide information that leads to the detection, arrest and conviction of any other person of a violation of this chapter shall be entitled to a reward equal to 1/2 of any fine imposed by the court, but in no event greater than $1,000.
It is the responsibility of the owner, or his agent, of the building or structure that has been defaced by graffiti to remove completely said graffiti from the building or structure within 10 days of receipt of written notice of the defacement by the Building Department or Police Department, said notice having been served personally or as otherwise permitted by law.
Failure of the owner of the building or structure to remove graffiti within the time allowed after written notice may subject the owner to a fine of not more than $250 for the first offense and for each subsequent offense. Each ten-day period thereafter shall be deemed a separate offense and shall subject the owner to additional fines not to exceed $250 for each offense.
No person, corporation or other entity shall sell or offer to sell an aerosol spray paint can to any person under 18 years of age.
Any person who violates § 157-7 herein shall be subject to a civil penalty of not more than $250.