Town of Glenville, NY Chapter 162 Graffiti

[HISTORY: Adopted by the Town Board of the Town of Glenville 9-18-2019 by L.L. No. 5-2019.[1] Amendments noted where applicable.]

[1] Editor's Note: This chapter, originally adopted as Ch. 105, was renumbered to fit the organization of the Code.

§ 162-1 Legislative findings.

A. Graffiti on public and private property is a blighting influence which not only depreciates the value of the property which has been the target of such graffiti but also depreciates the value of the adjacent and surrounding properties and, in so doing, negatively impacts upon the entire community.

B. The Town Board finds that graffiti is a public nuisance and, unless promptly removed from public and private properties, tends to remain and to attract more graffiti; other properties are then the target of graffiti. The Town Board therefore determines that it is appropriate that the Town of Glenville develop procedures to cause graffiti to be swiftly removed from public and private property under the circumstances set forth hereinafter. Through the adoption of this chapter, it is the Town Board's intent and purpose to reduce blight and deterioration within the Town and to protect the public health and safety and to provide additional tools to protect public and private property from acts of graffiti vandalism and defacement. The Town Board does not intend for this section to conflict with any existing anti-graffiti state laws.

§ 162-2 Definitions.

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

GRAFFITI

Any unauthorized inscription, word, figure, marking or design, painting and/or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, posted, pasted, glued or engraved on or otherwise affixed to any surface of public or private property without the prior written consent of the owner of the property or the owner's authorized agent, or in the case of public property, of the person having charge, custody or control thereof.

INDECENT MARK

A mark that portrays sexual or excretory activities and organs in a manner that is offensive as measured by contemporary community standards.

OBSCENITY

As defined in § 235 of the New York Penal Law.

§ 162-3 Graffiti is a public nuisance and prohibited.

A. It shall be unlawful for any person to apply graffiti to any surface on any public or private property.

B. The existence of graffiti on public or private property is a public nuisance and, therefore, is subject to removal and abatement provisions specified in this chapter.

C. It is the duty of the occupant, lessee, agent and owner of the property to which the graffiti has been applied to keep the property clear of graffiti at all times.

§ 162-4 Removal or covering of graffiti.

A. Requirement to remove graffiti. Any person applying graffiti on public or private property shall have the duty to properly remove or cover the graffiti, or pay for the same, within 24 hours after notice by the Town or the private owner of the property involved. Where the graffiti is applied by an unemancipated minor, the parents or legal guardian of such minor shall be responsible for the proper removal or covering or for payment for the same.

B. Removal of graffiti by the property owner or Town. If graffiti is not properly removed or covered by the applicator according to Subsection A, the graffiti shall be properly removed or covered pursuant to the following provisions:

(1) Upon written or verbal complaint or of his/her own volition and after inspecting the property, the Building Inspector or his/her designee shall have the power and duty to request the restoration of property defaced with graffiti upon seven days' written notice to the property owner or other responsible person in charge of the property, providing notification of the Town's ability to restore the property should the owner fail to do so.

(2) Removal of graffiti by Town on private property. Any property owner or other responsible person in charge of the property may request that Building Inspector, with the assistance of Town Department of Public Works, remove graffiti from private property.

(3) Summary removal of graffiti. The Town shall summarily remove graffiti on public property.

(4) Summary removal of obscene or indecent marks. The Town shall summarily remove or cover obscene and indecent marks which are visible to the public on public or private properties after following the procedure outlined in § 162-7.

§ 162-5 Registry.

A. The Building Inspector or his/her designee shall maintain a registry of all graffiti in the Town of Glenville. The registry shall contain the property address, photographs of the graffiti, the date it was first identified and the date it was removed.

B. Prior to the removal or covering of any graffiti, the person removing or covering the graffiti shall contact the Building Inspector to arrange for documentation.

§ 162-6 Penalties for offenses; enforcement; abatement by Town.

A. Any person found in violation of § 162-3A shall be:

(1) Punished by a fine of $250 for the first offense; $500 for the second and $1,000 for each subsequent offense or by imprisonment for a term not to exceed 15 days, or both, at the discretion of the court.

(2) Subject to restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense.

(3) Subject to perform monitored community service in the removal of graffiti.

B. Any person found in violation of § 162-3B or C shall be:

(1) Punished by a fine of $250 for each week the violation continues unabated for a first offense and a fine of $500 for each week the violation continues unabated for subsequent offenses; and

(2) Subject to a civil action in a court of competent jurisdiction commenced by the Town Attorney or other duly authorized official of the Town of Glenville in the name of the Town for an amount of $250 for each week the violation remains unabated for a first offense and in the amount of $500 for each week the violation remains unabated for a subsequent offense; and

(3) Subject, after due notice and an opportunity to be heard provided before the Town Board or its designee, to the Town's entry upon the subject premises causing the abatement of the graffiti condition and thereafter charging the property owner, or the property owner's manager or agent or the person in possession or control of such property, for the expenses incurred by the Town. The Town is authorized to recover all expenses, which expenses shall include but are not limited to all administrative personnel costs, attorneys' fees and costs related to enforcing this chapter and collecting such expenses; and/or the actual cost of the removal of the graffiti and/or repainting, plus the cost of the inspection of said property and other costs incidental to such removal, which if unpaid by the property owner shall thereupon become a lien upon the real property upon which the graffiti was found to be and shall be added to and become a part of the taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as general Town taxes.

§ 162-7 Emergency removal by Town.

If the Town Supervisor determines that any graffiti is an imminent threat to the health, safety or welfare of the public and is unable to provide notice to the owner or agent of the subject premises by personal service after at least two attempts to do so, then 48 hours after the latter of the mailing of the notice described herein by certified and first-class mail to the person owning the property, acting as agent or manager for the owner of such property, and the posting of the notice in a conspicuous place on the property, the Town may remove or cause the graffiti to be removed. In no case shall the Town paint or repair any more extensive area than that where the graffiti is located. The Town shall not be required to restore the obscured area to its original condition (i.e., color, texture, etc.).

§ 162-8 Exemption.

This chapter shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawing or bases for stickball, kickball or handball, hopscotch and the like, nor temporary, easily removable chalk or other water-soluble markings used in connection with any lawful business or public purposes or activity.

§ 162-9 Severability.

Severability is intended throughout and within the provisions of the article. If any section, subsection, sentence, clause, phrase or portion of this article is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this article.