[HISTORY: Adopted by the Board of Trustees of the Village of Northport
8-15-2000 by L.L. No. 14-2000. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure used for commercial, institutional, governmental, business
or residential purposes and any structure appurtenant to said use, such as
garages, fences, retaining walls, facades or any other structure, located
within the Village of Northport.
Any mark, figure, drawing, inscription or other notation, drawn,
written, etched, painted or otherwise placed on any surface, building or property,
inclusive of the use of stickers or paste-on stamps containing the marks defined
herein, with the intent to damage such building or property without the prior
permission of the owner or occupant thereof.
Any record fee owner.
Includes any natural person, firm, corporation, partnership, authority,
company, municipality, unincorporated association, fire company, the State
of New York or any other entity of any kind able to sue or be sued.
Includes any real property and appurtenances and personal property,
including all trailers, vehicles or other similar personal property, wherever
it may be.
No person shall make graffiti on any public or private building or other
structure or any other real or personal property owned by others.
A.
The owner, tenant and/or person in control of any building,
property or personal property shall be required to remove any graffiti applied
to such property not more than 20 days after such graffiti occurs. Failure
to remove graffiti shall be a violation of this chapter.
B.
Failure or refusal to remove graffiti.
(1)
In the event that the owner shall fail or refuse to remove
graffiti from said property, then said person or persons may be notified by
certified mail, mailed to the property address and to the person to whom real
property tax bills would be sent, by the Code Compliance Director that such
person shall have a period of up to 20 days from receipt of such notice to
complete removal or coverage of such graffiti.
(2)
If such owner fails to comply with the terms of such
notice within the time set for therein, then the village, with the assistance
of the Code Compliance Director, in addition to any penalty determined for
an offense of this chapter, may order employees of the village, or a contractor
with an agreement approved by the Village Board of Trustees, to engage in
maintenance, repair and other services needed to effectuate the elimination
or coverage of such graffiti on such property. All costs of such work shall
be billed to the owner of the property and, if unpaid after 90 days, shall
be certified for inclusion as taxes upon such parcel of property as was benefitted
thereby.
The parent or legal guardian, other than the state or a local social
services department or a foster parent, having custody of any minor over 10
and under 18 years of age shall, if such minor willfully, maliciously or unlawfully
makes graffiti or damages or destroys real or personal property, which property
is owned or maintained by another, in addition to any other civil remedy a
person who has suffered damage may have, be held liable for such damage or
destruction. In no event shall such liability under this section be in excess
of the sum of $2,500.
It shall be the duty of any peace officer, police officer of the Village
of Northport or any authorized agent of the Village of Northport who is authorized
to issue an appearance ticket or otherwise designated by the Village Board
of Trustees to enforce the provisions of this chapter against any person found
to be violating the same.
Any person who shall violate the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period of five
years, punishable by a fine not exceeding $500; and for conviction of a third
offense, all of which were committed within a period of five years, punishable
by a fine not exceeding $750.
