[HISTORY: Adopted by the Town Board of the Town of Islip 11-19-1985 by L.L. No. 6-1985; amended in its entirety 1-15-2009 by L.L. No. 13-2009. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Graffiti and Defacement of Public and Private Property Law."
As used in this chapter, the following terms shall have the meanings indicated:
BROAD-TIP INDELIBLE MARKER
Any felt-tip marker/pen or similar implement containing fluid that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
COMMUNITY SERVICE
Any organization or program employed by the criminal courts or judiciary to provide for appropriate alternative sentences to fine or imprisonment.
DEFACE
To mar the face or surface of, disfigure, injure or spoil the appearance of.
ETCHING ACID
Any liquid, cream, paste, solution, compound, 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.
GRAFFITI
An inscription, word, figure, painting, drawing, covering mark or design which is written, scratched, painted or drawn upon any wall, building, monument, statue, structure, rock, or upon any other surface without the permission of the owner.
A. 
The use of broad-tip pens, broad-tip indelible markers, aerosol spray paint cans, etching acid or other marking devices used in connection with writing graffiti on walls, public and private buildings, statues, monuments and other structures has become a major problem in the Town of Islip requiring serious punishment for the perpetrators. The unabated proliferation of graffiti is a physical blight upon the landscape of the Town and is destroying the aesthetic qualities of its communities. The defacing of such public property and the use of foul language in graffiti writing is harmful to the general public and is violative of the good and welfare of the people of the Town of Islip. The Town of Islip has seen an increase in the use of graffiti used by gangs to intimidate, instill fear and harm others within our community. Any persons using graffiti to specifically intimidate and instill fear on others based on their race, color, religion, disability, sexual orientation, national origin or ancestry will not be tolerated within the Town of Islip. Therefore, Town Board intervention is necessary and advisable to regulate the distribution and sale of aerosol cans and similar products used in writing graffiti. Punishment by fine or imprisonment insofar as offenders are concerned has failed to stop this type of vandalism. It is the intent of the Town Board that any person guilty of writing graffiti on public or private buildings or structures should be punished so that the punishment shall fit the crime. The Town Board, accordingly, recommends to the judiciary, when an offender has been convicted of violating this chapter, that he be sentenced to remove graffiti under the supervision of those agencies designated by the judiciary to supervise offenders sentenced to community service in addition to any other penalty provided by this chapter.
B. 
The Town Board further finds, based upon past experience, that such defacement of property is most often committed by persons under 18 years of age using aerosol spray paint cans, broad-tipped indelible markers and etching acid; that such persons rarely have a legitimate need for such aerosol cans, markers or etching acid; that, where such a need exists, such aerosol cans, markers or etching acid may be furnished by a parent or guardian; and, therefore, that within the Town the sale of aerosol spray paint cans, broad-tipped indelible markers and etching acid should be prohibited and persons engaged in the retail sale of such aerosol cans, markers and etching acid should be required to take reasonable steps to prevent the theft of such cans and markers.
A. 
No person shall make graffiti of any type on the exterior of any private building or on any public building, structure or any other real or personal property owned by any person, firm, corporation, partnership, association, or other legally recognized entity, including any public corporation or agency.
[Amended 12-13-2022 by L.L. No. 9-2022]
B. 
Nor shall any person disfigure, cut, cover or rub with or otherwise place filth or excrement of any kind on any public or private building, structure or any other real or personal property owned by any person, firm, corporation, partnership, association or other legally recognized entity, including any public corporation, agency or entity, without the consent and permission of the owner, proprietor thereof or, in the case of public property, of the person having charge, custody or control thereof.
C. 
No person committing a violation of the provisions of § 23A-4A or B of this chapter shall write, paint, or draw any word, picture, inscription, design, figure, phrase, statement, symbol, or mark of any type which indicates bias or hatred of a person's race, color, religion, disability, sexual orientation, national origin or ancestry.
(1) 
Rebuttable presumption. The use of a word, picture, phrase, statement or symbol that is recognized as hateful, derogatory or inflammatory towards a race, color, religion, disability, sexual orientation, national origin or ancestry in graffiti shall create a rebuttable presumption that such words, pictures, phrase, statements or symbols were depicted intentionally to show bias or hatred of the persons selected due to the victim's race, color, religion, disability, sexual orientation, national origin or ancestry.
D. 
No person shall provide, or make available to any other person, an aerosol spray paint can, or a broad-tip indelible pen/marker, or etching acid, if that person knows or has reason to know that said other person intends to violate any section of this chapter.
E. 
No person within the Town of Islip shall possess, under any circumstances evincing intent to use the same in order to change or deface property, any aerosol spray paint can, broad-tip indelible pen/marker, etching acid or any other tool, instrument, article, substance, solution or compound designed or commonly used to deface property with graffiti.
A. 
Sale to minor. No person within the Town of Islip shall sell or offer to sell an aerosol spray paint can, or broad-tip indelible pen/marker, or etching acid, to any person under 18 years of age.
B. 
Purchase by minor. No person under 18 years of age shall purchase or attempt to purchase an aerosol spray paint can, or a broad-tip indelible pen/marker, or etching acid.
C. 
Aid or assistance of purchase by a minor. No person within the Town of Islip shall knowingly aid or assist a person less than 18 years of age in the purchase of an aerosol spray paint can, or a broad-tip indelible pen/marker, or etching acid.
D. 
Display. Any person selling or offering for sale aerosol spray paint cans shall only display and/or offer for sale aerosol spray paint cans in a secure enclosed display or behind a sales counter which is not accessible to the public.
E. 
Notification signs. Any person selling or offering for sale aerosol spray paint cans, or broad-tip indelible pens/markers, or etching acid shall post in a conspicuous place, containing all capital lettering not less than two inches in height on a contrasting background, a sign which clearly states: "UNDER PENALTY OF LAW AND CRIMINAL PROSECUTION, IT IS UNLAWFUL TO SELL AEROSOL SPRAY PAINT CANS, BROAD-TIP INDELIBLE PENS/MARKERS, OR ETCHING ACID TO ANY PERSON UNDER THE AGE OF 18 YEARS."
A. 
Any person, corporation, partnership, association or other legally recognized entity, including any municipality, damaged as a result of any conduct prohibited by this chapter may bring a civil action in any court of competent jurisdiction against a person convicted of any violation of this chapter for the damages so sustained, including, but not limited to, the cost of repairing and/or cleaning the condition.
B. 
Parents or legal guardians responsible.
(1) 
Used in § 23A-6B herein, the term "legal guardian" shall not apply to any state or local social service department or agency, nor any foster parent so designated by a state or local social service department or agency or by court order.
(2) 
Any person, corporation, partnership, association or other legally recognized entity, including any municipality, damaged as a result of any conduct prohibited by this chapter by a person under the age of 18 years (hereinafter referred to as the "minor") who has had a finding of guilt entered against him/her for a violation of this chapter, in addition to a civil action under § 23A-6A against that minor, may also bring a civil action in any court of competent jurisdiction against that minor's parent and/or legal guardian for the damages so sustained including, but not limited to, the cost of repairing and/or cleaning the condition, if the plaintiff can prove by the preponderance of the evidence that the parent and/or legal guardian:
(a) 
Participated in violations of this chapter; or
(b) 
Had knowledge of the minor's intent to violate this chapter and encouraged or permitted it; or
(c) 
Knowing of the minor's intent to violate this chapter, provided the minor with the means to do so; or
(d) 
Gave or allowed the minor access to those items prohibited in § 23A-5A through C above, resulting in a violation of this chapter; or
(e) 
Violated § 23A-5A through C above resulting in a violation of this chapter; or
(f) 
Being aware of the fact that the minor had previously had a finding of guilt entered against him/her under this chapter, gave or allowed the minor to have access to an aerosol spray paint can, a broad-tipped indelible marker, etching acid, or another tool, instrument, article, substance, solution or compound designed or commonly used to deface property with graffiti, resulting in a violation of this chapter.
[Amended 7-16-2013 by L.L. No. 9-2013; 12-13-2022 by L.L. No. 9-2022]
It is the responsibility of the owner, and/or his or her agent, and/or his or her person-in-charge of any building or structure which has been defaced with graffiti to completely remove said graffiti from the building or structure within 15 days of receipt of written notice of the defacement by the Town of Islip.
A. 
Any person who is convicted of a violation of the provisions of § 23A-4A, B, or D of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $250 and not more than $1,000 or imprisonment for not more than one year, or both. If a person having already been convicted of any of these provisions is convicted of a subsequent violation of these provisions within five years, that subsequent conviction shall be punished by a fine of not less than $750, nor more than $2,500.
B. 
Any person convicted of a violation of § 23A-4C of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a mandatory fine of not less than $1,000 nor more than $2,500 and/or imprisonment for not more than one year. If any person is convicted of a second violation of the provisions of § 23A-4C of this chapter within five years of a prior conviction, that subsequent conviction shall be punishable by a fine of not less than $2,500, nor more than $5,000 and imprisonment of not less than 15 days nor more than one year.
C. 
Any person who is convicted of a violation of the provisions of § 23A-4E of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a mandatory fine of not less than $250 and not more than $500 or imprisonment for not more than three months, or both. If any person is convicted of a subsequent violation of the provisions of § 23A-4E of this chapter within five years of a prior conviction, that subsequent conviction shall be punishable by a fine of not less than $500, nor more than $1,000 or imprisonment for not more than three months, or both.
[Amended 7-16-2013 by L.L. No. 9-2013]
D. 
Any person who is convicted of a violation of § 23A-5 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a mandatory fine of not less than $500 nor more than $5,000 and/or imprisonment for not more than fifteen days. If any person is convicted of a subsequent violation of the provisions of § 23A-5 of this chapter within five years of a prior conviction, that subsequent conviction shall be punishable by a fine of not less than $2,500, and no more than $10,000 and/or imprisonment for not more than fifteen days, or both.
[Amended 12-13-2022 by L.L. No. 9-2022]
E. 
Any person, corporation, partnership, association or other legally recognized entity who is convicted of a violation of § 23A-7 shall be punished by a fine not to exceed $1,000. Each seven-day period that the person, corporation, partnership, association or other legally recognized entity fails to act shall constitute an independent and continuing violation of § 23A-7.
[Amended 12-13-2022 by L.L. No. 9-2022]
F. 
Any person, corporation, partnership, association or other legally recognized entity who is convicted of a violation of § 23A-7E, in addition to any other penalties that may be applicable for any other violations of § 23A-7A shall be punished by a fine not to exceed $5,000 and/or imprisonment for not more than 15 days. Each day that the person, corporation, partnership, association or other legally recognized entity fails to act shall constitute an independent and continuing violation of § 23A-7E.
[Amended 7-16-2013 by L.L. No. 9-2013]
A. 
Chapter 23A of the Islip Town Code hereby establishes the Graffiti and Litter Removal Task Force that will assess the scope and nature of the Town's graffiti problems; discuss prevention and education; examine the effectiveness of existing provisions of laws aimed at curbing graffiti vandalism; and propose amendments to strengthen the Town's legislation.
B. 
The Graffiti and Litter Removal Task Force shall consist of nine members who will meet quarterly.
C. 
The Members will be appointed for a one-year term by the Town Board at the first organizational meeting of the 2010 calendar year. Members will be appointed at the first organizational meeting of the following calendar years. The Task Force shall meet at least quarterly and at other times as may be requested by the Town Board or as set by the Chair of the Task Force who shall be appointed by the Town Board.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy and in which such judgment shall have been rendered.
The provisions of this chapter shall be in addition to, and not in lieu of, nor construed to be in conflict with, the provisions of Penal Law of the State of New York, nor any other local law or ordinance of the County of Suffolk or the Town of Islip, and are not deemed to be exclusive of any other remedies available under any application of federal, state, or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
This chapter shall be in full force and effect immediately upon filing with the Secretary of State of the State of New York. All prior laws and parts of law in conflict with this chapter are hereby repealed.