[1]
Editor's Note: An ordinance adopted 3-4-1985, Section 1, added provisions pertaining to protection of public and private property designated as Art, VIII, Sections 2-110 and 2-111. Such provisions have been redesignated by the editor, with the city's concurrence, as Art. III, Sections 14-45 and 14-46, to read as herein set out.
[Ord. of 7-17-1995, §§ 1, 2; Ord. No. O-09-05, § 1]
(a)
Legislative findings. Graffiti has become an unwelcome
blighting feature that cities must contend with, especially in older
urban areas where a combination of poverty and other social pathologies
result in a variety of behavioral problems. Graffiti sends a signal
that a neighborhood is unstable or unsafe, and may accelerate urban
decay and often appears on public structures such as bridge piers,
elevated highway columns and public buildings. It has become apparent
that the use of pens, writing and artistic devices and spray can and
marking devices used in connection with the writing of graffiti on
walls and other places of buildings and property has reached such
significant levels and proportions that immediate local attention
should be given this matter by this municipality. The defacing of
such property and the use of foul language in many of the writings
is harmful to the general public and violative of the good and welfare
of the citizens, residents and people of the City of Poughkeepsie
and has significantly affected property value by the damage to property
and harms commercial business. It is the further intent of this section
that any person guilty of writing graffiti on buildings and property
shall be punished so that the punishment shall fit the offense.
(b)
Prohibited acts. No person shall write, paint or
draw any inscription, figure or mark of any type on any building,
whether publicly or privately owned, whether a commercial or residential
building or upon any other real or personal property, whether publicly
or privately owned, located within the geographical boundaries of
the City of Poughkeepsie without the expressed written permission
of the owner of the property or his/her agent.
(c)
Penalties for offenses. A violation of this section
shall be a class A misdemeanor, punishable by a fine of not more than
$1,000 or imprisonment for no more than one year, or both. In addition,
a person may be sentenced to a conditional discharge, which shall
include but not be limited to community service, restitution, a direction
the damage caused by graffiti be removed or such other conditions
as the City Court may deem appropriate given the circumstances of
each case.
(d)
Reward. 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 for a violation of this section shall
be entitled to a reward equal to 1/2 of any fine imposed and collected
by the court, but in no event greater than $1,000.
(e)
Responsibilities of owner. Upon written notification by the City to the property owner of a building or structure on which graffiti is affixed, the property owner shall have 48 hours to remove the graffiti or request the City to assist in the removal of the graffiti, at cost to the property owner as set forth in Subsection (f)(1), below, said notice having been served personally or as otherwise permitted by law. The assistance of the City to the property owner shall include the removal of graffiti with City equipment and City employees, who shall render such assistance as directed by the Commissioner of Public Works, weather permitting, to the best of their ability. The City shall require each property owner who requests such assistance from the City to execute a hold harmless and covenant releasing the City and its employees for any damage to the building or structure to be cleaned, as a condition of providing such assistance to the owner. After the forty-eight-hour period has passed, the property owner may still request the City’s assistance in removing the graffiti, at a cost to the property owner as set forth in Subsection (f)(2), below, which shall be in addition to any fines or penalties imposed pursuant to Subsection (g), below.
[Amended by Ord. No. 0-14-20, 10-20-2014, § 1]
(f)
Costs for City to remove graffiti.
[Added by Ord. No. O-14-20, 10-20-2014, § 1[2]]
(1)
If
the property owner requests the City’s assistance within the
first 48 hours after receipt of written notification from the City,
the costs charged to the property owner shall be as follows:
|
Area of Graffiti
(square feet)
|
Cost
| |
|---|---|---|
|
0 to 25
|
$40
| |
|
26 to 100
|
$80
| |
|
Over 100
|
$120
|
(2)
If
the property owner requests the City’s assistance after the
forty-eight-hour period has passed, the costs charged to the property
owner shall be as follows:
|
Area of Graffiti
(square feet)
|
Cost
| |
|---|---|---|
|
0 to 25
|
$200
| |
|
26 to 100
|
$300
| |
|
Over 100
|
$400
|
(3)
The
calculation of square footage, for purposes of determining the costs
to be charged per Subsection (f)(1) and (2), above shall be in the
sole reasonable discretion of the Commissioner of Public Works.
(4)
If
the property owner has a reasonable excuse as to why he/she could
not request the City’s assistance within the first forty-eight-hour
period, including but not limited to hospitalization or travel, and
has promptly contacted the City after the grounds for the delay have
ceased, the Commissioner of Public Works may, in his sole reasonable
discretion, charge the property owner as if such request had been
received within the first 48 hours.
(g)
Failure of owner to comply. Failure of the property
owner to either remove the graffiti or request the city's assistance
for such removal may subject the property owner to a civil penalty
in the amount of $200 per offense. Each day the violation of this
section persists shall be considered a separate offense. Such civil
action shall be brought in City Court.
Amended by Ord. No. O-14-20, 10-20-2014, § 1
(h)
Graffiti task force. The City Administrator shall
designate a person to whom reports about graffiti will be communicated
to and provide for city staff to photograph graffiti offenses as they
are reported, within 24 hours of receipt of the report of each new
incident, if feasible.
(i)
Education. The City Administrator shall develop
a brochure entitled "Help Keep Poughkeepsie Graffiti Free" for distribution
to neighborhood associations, schools, churches and other community
groups. The brochure should be made available to students in the school
district, in a manner that the school district and City staff can
communicate the goals and objectives of the community against graffiti
to the students as appropriate. Similar distribution and presentations
to church groups and at community meetings should be employed where
feasible. The City Administrator shall develop another brochure entitled
"Tips for Parents" to offer suggestions to prevent children from defacing
property with graffiti.
(j)
If any provision of this ordinance is held to be invalid or unenforceable,
all other provisions shall, nevertheless, continue in full force and
effect.
[Ord. of 3-4-1985, § 1]
Except as may otherwise be provided by law, the parent or legal guardian, other than the state or a local social services department, having custody of an infant over 10 and less than 18 years of age, shall, if such infant violates the provisions of Section 14-45 preceding, be held liable for the damage or destruction caused by the violation of Section 14-45 above in a civil action brought in a court of competent jurisdiction. It shall be a defense to an action brought under this section that such child has become emancipated from his parent or legal guardian prior to the occurrence of the damage or destruction caused by such child. In no event shall liability under this section be in excess of the sum of $1,500.
