L.L. 2005/111

Enactment date: 12/29/2005

Int. No. 299-A

By Council Members Monserrate, Vallone Jr., Addabbo, Avella, Gentile, Gerson, Koppell, Martinez, Nelson, Rivera, Sears, Liu, Clarke, Gennaro, Weprin, McMahon, Jackson, Gonzalez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the removal of graffiti from commercial and residential buildings, and in relation to establishing a process whereby the city may clean graffiti from these buildings.

Be it enacted by the Council as follows:

Section 1. Legislative Findings and Intent.

The City Council finds that graffiti is a public nuisance, one that degrades the quality of life in neighborhoods and communities across the city. Graffiti creates an atmosphere of neglect, inviting criminal activity and contributing to a feeling of disorderliness and fear.

In light of these considerations, it is important that graffiti in public view be cleaned as quickly as possible, while respecting property rights and First Amendment free speech rights.

The goal of this legislation is to accommodate these important interests and to craft a solution to the City's graffiti problem that both adequately addresses the need to rid our communities of graffiti as well as protect our important freedoms. By imposing fines against the owners of certain property who fail to remove graffiti from their premises, coupled with granting to the City the ability to clean graffiti in public view from commercial and residential buildings, after an adequate notification process to property owners of such buildings, this legislation will improve the quality of life for our residents.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 90 days after its enactment.