[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.
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.
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:
- BROAD-TIPPED INDELIBLE MARKER
- 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.