A GENERAL ORDINANCE AMENDING CHAPTER 72 OF THE CITY CODE
ENTITLED “GRAFFITI” IN ORDER TO STRENGTHEN ENFORCEMENT, ESTABLISH PENALTIES, AND PROVIDE FOR RESTITUTION RELATED TO GRAFFITI VANDALISM
Notice is hereby given that the City Council of the City of Yonkers has adopted the abovementioned legislation that amends the City Code to strengthen the City’s existing graffiti ordinance which is nearly 35 years old by updating the sale, storage, and possession regulations for spray paint and other graffiti implements; establishing clear responsibilities and penalties for retailers and restricting possession of graffiti tools by minors. It also increases the penalty for property owner failure to remove. These measures are intended to reduce incidents of graffiti vandalism, protect public and private property, promote neighborhood safety and aesthetics, and ensure that individuals responsible for graffiti are held financially accountable for removal and restoration costs.
Section 1. Chapter 72 of the Code of the City of Yonkers, entitled “Graffiti”, is hereby amended by amending § 72-3 entitled “Sale and Storage of Spray Paint Cans or Containers” to read as follows:
§ 72-3 Sale and storage of spray paint cans or containers.
A. No person shall sell or offer for sale to any minor under the age of eighteen (18) years any graffiti instrument, including but not limited to spray paint containers, paint markers, etching tools, or containers of paint containing a propellant, unless accompanied by a parent, guardian, teacher, or employer.
B. It shall be the duty of any person who sells or offers for sale any item described in Subsection A to require from any person desiring to purchase such item and appearing to be less than eighteen (18) years of age valid identification and proof of such person’s age before selling or delivering such container.
C. It shall be the duty of any person who sells or offers for sale any item described in Subsection A to store such cans and containers item in a manner that precludes a purchaser from physically obtaining the item without the assistance of the seller, including but not limited to storage in a stock room, behind a sales counter, or in a locked display cabinet.
D. Retail Signage. Any retail establishment selling spray paint containers shall post a sign in a conspicuous location stating: “SALE OF SPRAY PAINT TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.”
E. Responsibility of Retail Establishments. The owner, operator, or manager of any retail establishment selling graffiti instruments shall be responsible for ensuring compliance with this section. Violations by employees shall be deemed violations of the establishment.
F. Penalties. A violation of this section shall constitute a Class II offense. Any person, firm, or corporation violating any provision of this section shall be subject to a fine not exceeding $500 for a first offense, $1,000 for a second offense within a twelve-month period, and $2,000 for each subsequent offense. Each unlawful sale or transaction shall constitute a separate violation.
G. Restitution for Graffiti Removal. Any person convicted of violating any provision of this chapter or found liable in a civil action brought by the Corporation Counsel may be liable for the full cost of graffiti removal and property restoration. Such costs may include labor, materials, equipment, administrative expenses, and any other costs incurred by the City or by the owner of the affected property. The City shall request that a court of competent jurisdiction order restitution as part of any judgment imposed.
Section 2. Chapter 72 of the Code of the City of Yonkers, entitled “Graffiti”, is hereby amended by amending § 72-6 entitled, “Penalties for property owners” to read as follows:
A. The failure of an owner or his/her agent to comply with the provisions of § 72-5 and the graffiti condition notice may subject the owner or his/her agent to a fine of not more than $350 for each offense.
B. Upon the failure of an owner or his/her agent to comply with the graffiti condition notice, the City may investigate the reason for said failure and reserves the right to restore the building or structure to a graffiti-free condition by painting or similar acceptable method. Labor may be provided by the Department of Community Services, and the City or the owner may provide the material to remove graffiti markings. The owner shall be responsible for all costs incurred by the City to have such graffiti markings removed.
C. In the event that the graffiti may not be removed by painting or a similar acceptable method due to texture, condition, or historic nature of the building or structure, the City reserves the right to retain a contractor to restore the building or structure to a graffiti-free condition and bill the owner for the expense of such restoration.
D. If the name of the owner or his/her place of residence cannot be ascertained or if the owner fails to pay the bill, the City shall file a certificate of the actual cost of the restoration, together with a statement as to the location of the property restored, with the City Assessor of the City of Yonkers, who shall, in the preparation of the next assessment roll of general City taxes, assess such amount upon such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general City taxes and as a part thereof.
The complete text of the ordinance is on file and may be examined at the Office of the City Clerk, City Hall, 40 S. Broadway, Yonkers, NY 10701.
