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.
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.).
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.
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.