Town of Orangetown, NY Chapter 17C Graffiti

[HISTORY: Adopted by the Orangetown Town Board 4-13-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Cemeteries — See Ch. 6C.

Conduct in public areas — See Ch. 7A.

Property maintenance — See Ch. 24C.

Unsafe buildings — See Ch. 37.

[1] Editor's Note: This local law was adopted as Ch. 10B, but was renumbered to fit into the structure of the Code.

§ 17C-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ETCHING ACID

Any liquid, cream, paste or similar chemical substance that can be used to etch, draw, carve, sketch, engrave, or otherwise alter, change or impair the physical integrity of glass or metal.

INDELIBLE MARKER

Any felt-tip marker or similar implement containing a fluid that is not water soluble and which has a flat, rounded, pointed or angled writing surface.

GRAFFITI

Any drawing, figure, inscription, mark, message, slogan, symbol or object written, painted, drawn, etched, placed or otherwise made on property, such that such drawing, figure, inscription, mark, message, slogan, symbol or object would constitute a blight to the neighborhood for a reasonable person.

PROPERTY

Any building, fence, motor vehicle, recreational vehicle, rock, statue, monument, wall, tunnel, sign, structure, tree, utility box, utility pole, waste receptacle and all other articles of personal or real property upon which one can write, draw, paint, etch or otherwise mark.

§ 17C-2 Findings.

The Town Board of the Town of Orangetown hereby finds and declares that graffiti creates a nuisance for the Town's residents and merchants. The proliferation of graffiti is a physical blight upon the landscape of the Town and costs taxpayers, merchants and homeowners substantial money to remove and repair.

§ 17C-3 Prohibited acts.

A. No person shall apply graffiti to any property without the permission of the owner of such property.

B. No person shall sell or offer to sell an aerosol spray paint can or etching acid to any person under 18 years of age.

C. No person shall carry an aerosol can of paint with the seal broken, etching acid, or an open indelible marker in any public building or other public place or facility with intent to use same to deface property.

§ 17C-4 Penalties for offenses.

A. Any person who is found guilty of applying graffiti in violation of § 17C-3A shall be punished by a fine of not more than $500. In addition, such person shall be required to make full restitution to any injured party.

B. Any person who is found guilty of selling or offering to sell an aerosol spray paint can or etching acid to any person under 18 years of age in violation of § 17C-3B shall be punished by a fine of not more than $100 for each violation thereof.

C. Any person who is found guilty of carrying an aerosol can, etching acid, or an open indelible marker in violation of § 17C-3C shall be punished by a fine of not more than $250.