[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 9-14-1994 by L.L. No. 2-1994 (Ch. 103 of the 1992
Code). Amendments noted where applicable.]
The Village of Brewster Board of Trustees 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 Village
of Brewster Board of Trustees also finds that, when unchecked, graffiti
presents an image of a deteriorating community, a community that no
longer cares about itself.
A.Â
Possession of any aerosol spray paint can or broad-tipped
indelible marker 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 any public or private property,
by any person in the proximity of any defacement, without the prior
express written consent of the owner or operator of the property having
been obtained, shall create a rebuttable presumption that such person
did deface public or private property in violation of this chapter.
B.Â
A person is guilty of possession of a graffiti instrument(s)
when he possesses any aerosol spray paint can or broad-tipped indelible
marker or 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 which that person
has no permission or authority to etch, paint, cover, draw upon or
otherwise place a mark upon, unless the express prior written permission
of the owner or operator of the property has been obtained.
As used in this chapter, the following terms
shall have the meanings indicated:
Any felt-tipped marker or similar marker containing fluid.
Any person who has been found guilty of any
violation of the provisions of this chapter shall be guilty of a misdemeanor
and shall be punishable for each offense by a penalty of not more
than $1,000 or by imprisonment for not more than one year, 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 punishment pursuant to the violation of this chapter
or to perform suitable alternate community services pursuant to the
court's discretion.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
