It is the intention of the Town Board of the Town of Niagara
to promote the health, safety and welfare of the residents of the
Town by adopting this chapter designed to deter the defacing of public
and private property through the use of aerosol spray cans, broad-tip
markers, pens and writing and artistic devices.
For the purpose of this chapter, the words and phrases set forth
below shall be defined as follows:
BOARD-TIP MARKER
Any felt-tip marker or similar implement containing fluid
or coloring matter and which has a flat or angled writing surface
of greater than 1/4 square inch.
DEFACE
To mark the face or surface, or disfigure, injure or spoil
the appearance.
GRAFFITI
Any writing, painting, drawing, staining, carving, etching,
or other marking, made by the use of chalk, paint, ink, aerosol spray
can, knife, pencil or any other marking device and/or material, of
any work, name, lettering, inspection, figure, design or other representation
made upon a portion of a building and/or structure without the consent
of the owner. Signs erected, created and constructed in accordance
with the provisions of the Town of Niagara Town Code are not included
in the above definition.
PENS
Any instrument or similar implement that contains an ink
fluid or similar coloring matter.
The parent or legal guardian, other than the state or local
social services department or foster parent, of any minor over the
age of 10 and under 18 that violates any provision of this chapter
shall be held liable for any damages and/or cleanup costs that result
from a violation of Subsection A or B of § 1673.
The Building Inspection Department of the Town of Niagara and/or
any other law enforcement agency are hereby authorized to issue appearance
tickets in the enforcement of this chapter.
If any clause, sentence, paragraph, section or part of any section
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraphs, section or part thereof in the controversy and in which
such judgment shall be been rendered.