Village of Northport, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Northport 8-15-2000 by  L.L. No. 14-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Peace and good order — See Ch. 211.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any structure used for commercial, institutional, governmental, business or residential purposes and any structure appurtenant to said use, such as garages, fences, retaining walls, facades or any other structure, located within the Village of Northport.
GRAFFITI
Any mark, figure, drawing, inscription or other notation, drawn, written, etched, painted or otherwise placed on any surface, building or property, inclusive of the use of stickers or paste-on stamps containing the marks defined herein, with the intent to damage such building or property without the prior permission of the owner or occupant thereof.
OWNER
Any record fee owner.
PERSON
Includes any natural person, firm, corporation, partnership, authority, company, municipality, unincorporated association, fire company, the State of New York or any other entity of any kind able to sue or be sued.
PROPERTY
Includes any real property and appurtenances and personal property, including all trailers, vehicles or other similar personal property, wherever it may be.
No person shall make graffiti on any public or private building or other structure or any other real or personal property owned by others.
A. 
The owner, tenant and/or person in control of any building, property or personal property shall be required to remove any graffiti applied to such property not more than 20 days after such graffiti occurs. Failure to remove graffiti shall be a violation of this chapter.
B. 
Failure or refusal to remove graffiti.
(1) 
In the event that the owner shall fail or refuse to remove graffiti from said property, then said person or persons may be notified by certified mail, mailed to the property address and to the person to whom real property tax bills would be sent, by the Code Compliance Director that such person shall have a period of up to 20 days from receipt of such notice to complete removal or coverage of such graffiti.
(2) 
If such owner fails to comply with the terms of such notice within the time set for therein, then the village, with the assistance of the Code Compliance Director, in addition to any penalty determined for an offense of this chapter, may order employees of the village, or a contractor with an agreement approved by the Village Board of Trustees, to engage in maintenance, repair and other services needed to effectuate the elimination or coverage of such graffiti on such property. All costs of such work shall be billed to the owner of the property and, if unpaid after 90 days, shall be certified for inclusion as taxes upon such parcel of property as was benefitted thereby.
C. 
Hardship.
(1) 
The Code Compliance Director may, in his or her discretion, extend the time to complete removal or coverage of such graffiti.
(2) 
An economic or physical hardship may be raised as a defense in the prosecution of any offense under § 176-3 of this chapter.
The parent or legal guardian, other than the state or a local social services department or a foster parent, having custody of any minor over 10 and under 18 years of age shall, if such minor willfully, maliciously or unlawfully makes graffiti or damages or destroys real or personal property, which property is owned or maintained by another, in addition to any other civil remedy a person who has suffered damage may have, be held liable for such damage or destruction. In no event shall such liability under this section be in excess of the sum of $2,500.
It shall be the duty of any peace officer, police officer of the Village of Northport or any authorized agent of the Village of Northport who is authorized to issue an appearance ticket or otherwise designated by the Village Board of Trustees to enforce the provisions of this chapter against any person found to be violating the same.
Any person who shall violate the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not exceeding $500; and for conviction of a third offense, all of which were committed within a period of five years, punishable by a fine not exceeding $750.