[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 6-28-1995 by L.L. No. 11-1995. Amendments noted
where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 159.
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 Town of Poughkeepsie, and has significantly affected
property value by the damage to property. It is the further intent
of this chapter that any person guilty of writing graffiti on buildings
and property shall be punished so that the punishment shall fit the
offense.
No person shall write, paint or draw any inscription,
figure or mark of any type on any building, whether publicly or privately
owned, or upon any other real or personal property, whether publicly
or privately owned, located within the geographical boundaries of
the Town of Poughkeepsie without the expressed written permission
of the owner of the property or his agent.
[Amended 6-3-2009 by L.L. No. 22-2009]
A.
Violations
of this offense shall be prosecuted in the local Justice Court by
the Town Attorney or his designee. A person who is found guilty of
this offense shall be punished by a fine of not more than $1,000 for
the first offense and of not more than $2,000 for a second or subsequent
offense or imprisonment of not more than 15 days, or both such fine
and imprisonment. 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 Justice Court may deem appropriate
given the circumstances of each case.
B.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
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 of a violation of this chapter shall be entitled
to a reward equal to 1/2 of any fine imposed by the court, but in
no event greater than $1,000.
It is the responsibility of the owner, or his
agent, of the building or structure which has been defaced without
the owner's, or his agent's, prior written permission by a writing,
painting or drawing of any inscription, figure or mark to completely
remove said graffiti from the building or structure within 30 days
of receipt of written notice of the defacement by the Police Department,
said notice having been served personally or as otherwise permitted
by law.
Failure of the owner of the building or structure
to remove the graffiti within the time allowed after written notice
may subject the owner to a fine of not more than $250 for the first
offense. Each ten-day period thereafter shall be deemed a separate
offense and shall subject the owner to additional fines not to exceed
$250 for each offense.
If any provision of this chapter is held to
be invalid or unenforceable, all other provisions shall, nevertheless,
continue in full force and effect.
This chapter shall take effect immediately upon
the filing with the Secretary of State of the State of New York.
