[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-3-1997 by L.L. No. 1-1997. Amendments noted where
applicable.]
A.
The Board of Trustees of the Village of Cedarhurst hereby
finds and declares that graffiti on walls, buildings and other property has
become a serious problem for our residents and merchants, having reached significant
levels and proportions that require immediate local attention, and has created
a physical blight upon structures within the village, thereby creating a condition
which is harmful to the general public and violative of the good and welfare
of our citizens.
B.
It is the intention of this legislation to punish persons
who are guilty of graffiti; ban graffiti materials; and provide for the immediate
removal of graffiti as both a correction of such condition and a deterrent.
No person shall, within the Village of Cedarhurst, sell or offer for
sale an aerosol spray paint can nor any broad-tipped indelible marker nor
any tool, instrument, article, substance, solution, device or other compound
designed for or commonly used to etch, paint, cover, draw upon or otherwise
place a mark upon any property of any kind to any person under the age of
21 years.
No person under the age of 21 years shall, within the Village of Cedarhurst,
possess an aerosol spray paint can nor any broad-tipped indelible marker nor
any tool, instrument, article, substance, solution, device or other compound
designed for or commonly used to etch, paint, cover, draw upon or otherwise
place a mark upon property of any kind. Such possession within the vicinity
of any graffiti shall create a rebuttable presumption that such person did
deface such public or private property in violation of this chapter.
No person shall, within the Village of Cedarhurst, write, paint, draw
or otherwise place any inscription, figure nor mark of any type upon any building,
public or private, nor upon any other property, real or personal, whether
same be owned, possessed, maintained or operated by any person, public or
private corporation or other entity whatsoever, without the prior express
written permission of the owner of said property or the duly authorized agent
of such owner.
A.
Requirement to remove graffiti. The occupant, lessee,
sublessee, owner, landlord or agent of the owner and/or landlord of any commercial
or residential premises located in the Village of Cedarhurst which has any
form of graffiti on any building, structure or accessory structure or property
located thereon shall be required to either restore the defaced surface by
removing the graffiti or repaint the defaced surface using the same color
paint as existed previously on such defaced surface or may repaint the entire
structure or area within 15 days after written notice to such occupant, lessee,
sublessee, owner, landlord or agent of the owner and/or landlord, from the
Village of Cedarhurst, notifying said person to remove the same.
B.
Costs and/or remedy of village. In the event that said
graffiti condition is not cured or corrected within 15 days after the written
notice hereinabove provided for, in addition to any other penalty for a violation
of this chapter as may be provided herein, the village shall have the right
to enter upon said premises, without any further notice, to remove the graffiti
and/or paint the premises as hereinabove set forth, and the cost of the removal
of such graffiti and/or painting shall be at the sole cost and expense of
the occupant, lessee, sublessee, owner, landlord or agent. The actual costs
of the inspection of said graffiti, resurfacing and/or repainting
of such building, together with any other costs incidental to such removal
of graffiti, shall thereupon become a lien upon the real property upon which
the graffiti was found to be located, and such costs or lien shall be added
to and become part of the village taxes next to be assessed and levied on
such real property, and the same shall be collected and enforced in the same
manner as taxes.
The provisions of this chapter are intended to be in addition to, shall
supplement and, in any event, are not intended to replace any other provisions
applicable to the prohibited conduct hereinabove set forth, including but
not limited to any applicable provisions of the Penal Law of the State of
New York and/or any applicable ordinances of the County of Nassau and/or Town
of Hempstead.
