City of Beacon, NY Chapter 132 Graffiti

[HISTORY: Adopted by the Council of the City of Beacon 10-17-1994 by L.L. No. 12-1994. Amendments noted where applicable.]

§ 132-1 Legislative intent.

It is the intention of the City of Beacon City Council to promote the health, safety and welfare of the residents of the City of Beacon by adopting a local law designed to deter the defacing of public and private property with aerosol spray paint cans, broad-tip markers, pens, writing and artistic devices. The City Council finds further that such defacement of property is most often committed by persons under 18 years of age using aerosol spray paint cans and broad-tipped indelible markers; that such aerosol cans and markers are frequently stolen from retail stores by such person; that such persons rarely have a legitimate need for such aerosol cans or markers; that where such a need exists, such aerosol cans and markers may be furnished by a parent or guardian and, therefore, that, within the City, the sale of such aerosol cans and markers to such persons would be restricted, and that persons engaged in the retail sale of such aerosol cans and markers should be required to take such reasonable steps to prevent the theft of such cans and markers. Further, it is the recommendation of the City Council that, where appropriate, the City Court require those who commit acts of defacement to restore the property so damaged, or to perform suitable alternate community service pursuant to the Court's direction.

§ 132-2 Definitions.

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

BROAD-TIP MARKERS

Any felt-tip marker or similar implement containing a fluid or coloring matter, and which has a flat or angled writing surface of greater than 1/4 square inch.

DEFACE

To mar the face or surface of, disfigure, injure or spoil the appearance of.

PENS

Any instrument or similar implement that contains an ink fluid or similar coloring matter.

WRITING AND ARTISTIC DEVICES

Any crayon, pastels sticks, charcoal and artistic paints.

§ 132-3 Prohibited acts; sale of aerosol cans and artistic devices.

Defacement of property, possession and sale of aerosol spray paint cans and broad-tipped markers, pens, writing and artistic devices is prohibited in certain instances.

A. No person shall write, paint, spray or draw any work, inscription, design, figure or mark of any type on any public or private building or other structure or any other real or personal property, regardless of whether said property is publicly or privately owned, operated or maintained, unless the express permission of the owner or operator of the property has been obtained.

B. No person shall carry an aerosol spray paint can, broad-tipped marker, pens, writing and artistic devices into any public and/or private building or other public and/or private facility with the intent to violate the provisions of Subsection A of this section.

C. No person shall knowingly or having reason to know that the purchaser of an aerosol spray paint can, broad-tipped markers, pens, writing and artistic devices is under 18 years of age and/or who intends to use said paint, markers, pens and writing and artistic devices for an illegal purpose sell or offer to sell such product or products to any such purchaser.

D. Any person selling or offering for sale aerosol spray paint cans, broad-tipped markers, pens, writing and artistic devices shall post in a conspicuous place a sign which clearly states: "It is unlawful to sell aerosol, spray paint cans, broad-tipped markers, pens, writing and artistic devices to any person under the age of 18 years of age with intent to use the same for illegal purposes."

E. Any person selling or offering for sale aerosol paint cans shall only display and/or offer for sale aerosol paint cans in a secure enclosed display or behind a sales counter which is not accessible to the public.

§ 132-4 Penalties for offenses.

Any person who violates the provisions of § 132-3A, B or C of this chapter shall be guilty of a Class A misdemeanor, punishable by a fine of not less than $100 nor more than $5,000 or imprisonment for not more than one year, or both. The Court may consider a conditional discharge upon the condition that, with the consent of the owner, the defendant restore the property so defaced to its original condition (with five days) by means of the defendant's own labor or on the condition of monetary restitution in an amount not to exceed the cost of said restoration. Any person who violates the provisions of § 132-3D and E of this chapter for a first offense shall be guilty of a violation punishable by a fine of not more than $250, and for a second or subsequent offense shall be guilty of a Class B misdemeanor punishable by a fine of not more than $500 or three months' imprisonment, or both. The proceeds of any fines collected under this chapter shall be segregated in an account to be used only for beautification efforts throughout the City of Beacon.

§ 132-5 Civil liability; removal of graffiti.

A. The parent or legal guardian, other than the state or local social services department or foster parent, of any minor over the age of 10 years and under 18 years that violates any provision of this chapter shall be held liable for any damages and/or cleanup costs that result from a violation of § 132-3A, B or C of this chapter.

B. If anyone sells an aerosol spray paint can(s), broad-tipped marker(s), pen(s) and writing and artistic devices to a minor or anyone he knew or should have known would use it for an illegal purpose, he shall be held liable for any damages and/or cleanup costs that result from the violation.

C. The owner of a building or structure which is defaced in accordance with § 132-3 of this chapter shall be responsible for cleaning and removing said defacement from the building to the satisfaction of the Code Enforcement Officer within 14 days of notification by the City of Beacon's Code Enforcement Officer. Where the building owner does not remove the defacement within 14 days, the City shall undertake to remove said defacement and shall bill the property owner for the costs incurred. These expenses shall be a lien against the premises which was the subject of the defacement and may be assessed against the same on the City tax roll.

§ 132-6 Severability.

If any clause, sentence, paragraph, section or part of any section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraphs, section or part thereof directly involved in the controversy and in which such judgment shall have been rendered.