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Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
[HISTORY: Adopted by the Town Board of the Town of North Salem 11-15-1994 as L.L. No. 5-1994. Amendments noted where applicable.]
The Town Board of the Town of North Salem hereby finds and declares that graffiti poses a serious problem for the residents and merchants of the Town of North Salem. The unabated proliferation of graffiti is a physical blight upon the landscape of the Town and costs taxpayers, merchants and homeowners substantial moneys to remove and repair. The Town Board also finds that, when unchecked, graffiti presents an image of a deteriorating community, that no longer cares about itself.
No person shall write, paint or draw 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 North Salem or by any person, firm or corporation, or any agency or instrumentality thereof, without the express written permission of the owner of the property or his agent.
A. 
Any person who violates § 125-2 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 imprisonment.
B. 
In addition to any other penalty authorized by this section, any person convicted of violating § 125-2 shall be required to completely remove said graffiti from the building, structure or property so as to restore the site to the condition existing prior to commission of the violation.
Under the authority of § 91 of the General Municipal Law of the State of New York, any person who shall provide information which leads to the detection, arrest and conviction of any other person of a misdemeanor or felony relating to destruction or damage of personal or real property 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 which has been defaced without the owner's, or his agent's, prior written permission by a writing, painting or drawing of any inscription, figure or mark to completely remove said graffiti from the building or structure within 30 days of written notice of the defacement by the Chief of Police or his designee, said notice having been served personally or as otherwise permitted by law.
Failure of the owner of the building or structure to remove the graffiti within the time allowed after written notice may subject the owner to a fine of not more than $250 for the first 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.
This chapter shall become effective upon filing of same with the Secretary of State.