[Added 9-23-2002 by Ord. No. 2002-11; amended 10-22-2007 by L.L. No. 7-2007]
A.
The Common Council finds that for the health, safety
and welfare of the residents of the City, the laws designed to deter
the defacement of public and private property through the use of aerosol
spray paint cans, broad-tipped indelible markers and other marking
devices shall be strengthened. The Common Council finds further that
such defacement of property is most often committed using aerosol
spray paint cans and broad-tipped indelible markers; that within the
City of Schenectady, the sale of such aerosol cans and markers to
such persons should be regulated; and that persons engaged in the
retail sale of such aerosol cans and markers should be required to
take reasonable steps to prevent the theft of such cans and markers
or the sale thereof to minors.
B.
The Common Council finds that the defacement of private
property by graffiti, especially vacant buildings, is proliferating
throughout the City and requires the enactment of measures to effect
its removal and to preserve, enhance and protect the aesthetics of
the City and to ensure the general welfare of the public.
As used in this article, the following terms
shall have the meanings indicated:
Any felt-tip marker or similar implement containing a fluid
or coloring matter that is not water soluble and which has a flat
or angled writing surface of 1/4 inch or greater.
To mark the face or surface or disfigure, injure or spoil
the appearance thereof.
An inscription, figure, mark or design which is written,
scratched, painted or drawn on a wall, building, monument, statue,
rock or any other surface of real or personal property.
A.
No person shall write, paint or draw any word, inscription,
design, figure or mark, or otherwise mar or deface any property, real
or personal, public or private, nor any building, church, synagogue,
statue, monument, office, passenger or commercial vehicle, bridge,
dwelling or structure of any kind, including those in the course of
construction or any portion thereof, without the consent and express
permission of the owner or proprietor thereof or, in the case of public
property, of the person having charge, custody or control thereof.
B.
No person shall carry an aerosol spray paint can or broad-tipped indelible marker into any public building or other public facility with the intent of violating the provisions of the foregoing Subsection A of this section.
C.
Sale of aerosol spray paint cans and broad-tipped
indelible markers.
(1)
No person shall sell or offer to sell an aerosol spray
paint can or broad-tipped indelible marker to any person under 18
years of age.
(2)
A person who sells or offers for sale aerosol spray
cans or broad-tipped indelible markers shall not place such cans or
markers on display unless they are displayed in continuous view of
the seller or seller's employees, or behind a locked glass or metal
grated door.
(3)
It shall be the duty of any person or entity who sells or offers for sale any container described in Subsection C(1) to require, from any person desiring to purchase such container, identification and proof of such person's age before selling or delivering a container to such a person.
(4)
Persons engaged in the sale of aerosol spray paint
cans and broad-tipped indelible markers shall prominently display
this section or a summary thereof.
A.
Owners of property in the City of Schenectady shall
be responsible for removing or painting over graffiti and/or otherwise
restoring the property so defaced.
B.
Upon written complaint or of his/her own volition
and after inspecting the property, the Commissioner of General Services,
or his/her designee, shall have the power and duty to request the
restoration of property defaced with graffiti, upon 14 days' written
notice to the property owner or other responsible person in charge
of the property indicating the noncompliant condition of the property,
offering technical advice and information to assist in the restoration
of the property and providing notification of the Commissioner's intent
to restore the property so defaced should the owner fail to do so.
Twenty days after the property owner's failure to comply with such
request, the Commissioner may take appropriate action to remove or
paint over the graffiti. The City may charge a fee equal to the actual
costs incurred by the City for personnel and materials for the removal
of graffiti from private property. The fee is to be determined by
the Commissioner, and the cost may be assessed as a lien on the real
property.
C.
Any property owner or other responsible person in
charge of the property may request that the Department of General
Services remove graffiti from private property, at the time, for a
fee to be determined by the Commissioner of General Services. The
Commissioner shall make every effort to accommodate such request in
a timely manner.
A.
Any person who shall violate any provision or prohibition of §§ 192-33 through 192-34 of this chapter shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both. It is the recommendation of the Common Council that, where appropriate, the courts imposing punishment require those who commit such acts of defacement to also restore the property so damaged and/or otherwise be required to provide and perform appropriate acts of community service.
If any term, part, provision, section, subdivision
or paragraph of this article shall be held unconstitutional, invalid
or ineffective, in whole or in part, such determination shall not
be deemed to invalidate the remaining terms, parts, provisions, sections,
subdivisions and paragraphs.
