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City and State Anti-Graffiti Legislation

New York City Graffiti Laws

§ 10-117. Defacement of property, possession, sale and display of aerosol spray paint cans, [and] broad tipped markers and etching acid prohibited in certain instances.

a. No person shall write, paint or draw any inscription, figure or mark of any type on any public or private building or other structure or any other real or personal property owned, operated or maintained by a public benefit corporation, the city of New York or any agency or instrumentality thereof or by any person, firm, or corporation, or any personal property maintained
on a city street or other city-owned property pursuant to a franchise, concession or revocable consent granted by the city, 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, [or] broad tipped indelible marker or etching acid into any public building or other public facility with the intent to violate the provisions of subdivision a of this section.

c. No person shall sell or offer to sell an aerosol spray paint can, [or] broad tipped indelible marker or etching acid to any person under eighteen years of age.

d. All persons who sell or offer for sale aerosol spray paint cans, [or] broad tipped indelible markers or etching acid shall not place such cans, [or] markers or etching acid on display and may display only facsimiles of such cans, [or] markers or etching acid containing no paint, [or] ink or etching acid.

e. For the purpose of this section, the term "broad tipped indelible marker" shall mean any felt tip marker or similar implement containing a fluid that is not water soluble and which has a flat or angled writing surface one-half inch or greater. For the purpose of this section, the term "etching acid" shall mean any liquid, cream, paste 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.

§2. This local law shall take effect 120 days after enactment.

     Title 10 § 117.1 establishes an Anti-Graffiti Task Force that assesses the scope and nature of the City's graffiti problem, examines the effectiveness of existing provisions of law aimed at curbing graffiti vandalism and proposes amendments to strengthen such legislation.   Furthermore, the Task Force reviews current law enforcement activity and suggests ways to augment enforcement capability, identifies existing anti-graffiti programs in the City, surveys the efforts of other jurisdictions to combat graffiti and considers the replication of such programs in New York City, and proposes a comprehensive anti-graffiti program.

     Title 10 § 117.2 of the New York City Administrative Law Code allows the Mayor to offer and pay a reward, not exceeding $500, to any person who provides information leading to the apprehension, persecution or conviction of any person who vandalizes property.

New York State Graffiti Laws

     §145.00 of the State Penal Law states that a person is guilty of criminal mischief in the fourth degree when he or she, having no right to do so, intentionally damages property of another person, intentionally participates in the destruction of an abandoned building or recklessly damages property of another person in an amount exceeding $250.

     §145.05 of the State Penal Law states that a person is guilty of criminal mischief in the third degree when with the intent to damage property of another person, and having no right to do so, he or she damages property of another person in an amount exceeding $250.  §145.10 states that a person is guilty of criminal mischief in the second degree when, with intent to damage property of another person, and having no right to do so, he or she damages property of another person in an amount exceeding $1,500.

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