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a. It shall be unlawful for any person to stand, or cause or permit any person to stand on the sidewalk or street in front of, or in the entrance or hallway of any store or building for the purpose of calling the attention of passersby to goods, wares or merchandise displayed or on sale in such store or any other store or building, or to solicit patronage for any business or service, or to attempt by word of mouth or gesture, or by the distribution of handbills or other printed matter, or by the use of mechanical or sound making devices, to entice or persuade passersby to enter such store or building, or any other store or building, or to accept the services of any business.
b. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine of not more then fifty dollars, imprisonment for not exceeding ten days, or both.
Any person who willfully and without authority breaks, defaces or otherwise damages any house of religious worship or any portion thereof, or any appurtenances thereto, including religious figures or religious monuments, or any book, scroll, ark, furniture, ornaments, musical instrument, article of silver or plated ware, or any other chattel contained therein for use in connection with religious worship, or any person who knowingly aids, abets, conceals or in any way assists any such person shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or by a fine of not more than $2,500 nor less than $1,000, or both. In addition, any person violating this section shall be subject to a civil penalty of not less than $10,000 and not more than $25,000. Such civil penalty shall be in addition to any criminal penalty or sanction that may be imposed, and such civil penalty shall not limit or preclude any cause of action available to any person or entity aggrieved by any of the acts prohibited by this section.
(Am. L.L. 2021/068, 6/12/2021, eff. 8/11/2021)
a. No person shall write, paint or draw any inscription, figure or mark or affix, attach or place by whatever means a sticker or decal 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.
a-1. For purposes of this section, "property of another" shall mean all property, including real property, that is not owned, rented, or leased by a person; provided that such term shall not include a location that serves as such person's residence.
a-2. For purposes of this section, "educational facility" shall mean any building affiliated with an institution that maintains a list of enrolled students and is used for educational purposes for more than twelve (12) hours per week for more than six (6) students.
b. No person shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid 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, broad tipped indelible marker or etching acid to any person under twenty-one years of age.
c-1. No person under twenty-one years of age shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid in or on the property of another. This subdivision shall not be deemed to prohibit the possession of an aerosol spray paint can, broad tipped indelible marker or etching acid where such item is contained in a manufacturer-sealed package or completely enclosed in a locked container, which shall include bags, backpacks, briefcases and other containers that can be closed and secured with a key or combination lock.
c-2. This section shall not apply to any person possessing an aerosol spray paint can, broad tipped indelible marker or etching acid while in or on the property of another in violation of subdivision c-1 of this section, where:
(1) the owner, operator or other person having control of the property, building or facility consented in writing to the use or possession of the aerosol spray paint can, broad tipped indelible marker or etching acid; or
(2) such person uses or possesses the aerosol spray paint can, broad tipped indelible marker or etching acid under the supervision of the owner or person in control of such property; or
(3) such person is at his or her place of employment and the aerosol spray paint can, broad tipped indelible marker or etching acid was, will be or is being used during the course of such employment and used only with written permission from, or under the supervision of his or her employer or such employer's agent; or
(4) such person is at an educational facility and uses or will use the aerosol spray paint can, broad tipped indelible marker or etching acid at the educational facility, where he or she is enrolled, and is participating in a class at the educational facility that requires the use or possession of such items; or
(5) such person is on the property of another and uses or will use the aerosol spray paint can, broad tipped indelible marker or etching acid in or on the property of another if such use or possession is necessary to participate in a government-sponsored function or in other circumstances where a government agency gives its consent to such use or possession.
d. All persons who sell or offer for sale aerosol spray paint cans, broad tipped indelible markers or etching acid shall not place such cans, markers or etching acid on display and may display only facsimiles of such cans, markers or etching acid containing no paint, 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.
f. Any person who violates the provisions of paragraph a of this section shall be guilty of a class A misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. Any person who violates the provisions of paragraph b of this section shall be guilty of a class B misdemeanor punishable by a fine of not more than five hundred dollars or a term of imprisonment of not more than three months, or both. Any person who violates the provisions of paragraphs c or d of this section shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars or imprisonment of not more than three months, or both. Any person who has been previously convicted of violating the provisions of paragraphs c or d of this section shall be guilty of a class A misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. Any person who violates the provisions of paragraph c-1 of this section shall be guilty of a violation punishable by a fine of not more than two hundred fifty dollars or imprisonment of not more than fifteen days, or both. When a person is convicted of an offense defined in subdivision a or b of this section, or of an attempt to commit such offense, and the sentence imposed by the court for such conviction includes a sentence of probation or conditional discharge, the court shall, where appropriate, include as a condition of such sentence the defendant's successful participation in a graffiti removal program pursuant to paragraph (h) of subdivision two of section 65.10 of the penal law.
g. In addition to the criminal penalties imposed pursuant to subdivision f of this section, a person who violates the provisions of subdivision a, b, c or d of this section shall be liable for a civil penalty of not more than five hundred dollars for each violation which may be recovered in a proceeding before the environmental control board. Any person who has been previously convicted of violating the provisions of subdivision a, b, c or d of this section shall be liable for a civil penalty of not more than one thousand dollars for each violation which may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation returnable before such board. Anyone found to have violated the provisions of subdivision a of this section, by affixing, attaching or placing by whatever means a sticker or decal, in addition to any penalty imposed, shall be responsible for the cost of the removal of the unauthorized stickers or decals.
h. In addition to police officers, officers and employees of the department of consumer and worker protection, sanitation, environmental protection and transportation shall have the power to enforce the provisions of this section and may issue notices of violation, appearance tickets or summonses for violations thereof.
i. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any sticker or decal affixed, attached or placed by whatever means in violation of subdivision a of this section violated this section by either (i) affixing, attaching or placing by whatever means such sticker or decal or (ii) directing, suffering or permitting a servant, agent, employee or other individual under such persons control to engage in such activity.
j. There shall be a rebuttable presumption that if a telephone number that appears on any sticker or decal affixed, attached or placed by whatever means in violation of subdivision a of this section belongs to a telephone answering service and no other telephone number or address is readily obtainable to locate the person or business advertised therein, such telephone answering service shall be held liable for a violation of subdivision a in accordance with the provisions of this section.
k. The commissioner of the department of sanitation shall be authorized to issue subpoenas to obtain official telephone records for the purpose of determining the identity and location of any person or entity reasonably believed by the commissioner to have violated subdivision a of this section by affixing, attaching or placing by whatever means a sticker or decal.
l. For the purposes of imposing a criminal fine or civil penalty pursuant to this section, every sticker or decal affixed, attached or placed by whatever means in violation of subdivision a of this section, shall be deemed to be the subject of a separate violation for which a separate criminal fine or civil penalty shall be imposed.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/068, L.L. 2007/039 and L.L. 2020/080.
The mayor, upon the recommendation of the police commissioner, shall be authorized to offer and pay a reward in an amount not exceeding five hundred dollars to any person who provides information leading to the apprehension, prosecution or conviction of any person who may have violated the provisions of subdivision a or b of section 10-117 of this chapter, or who may have committed any other crime where the unlawful conduct included the conduct described in subdivision a or b of such section. No police officer, peace officer or any other law enforcement officer, and no officer, official or employee of the city of New York shall be entitled, directly or indirectly, to collect or receive any such reward.
a. Definitions. For purposes of this section, the following terms shall have the following meanings:
1. "Graffiti" means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind visible to the public from a public place that is drawn, painted, chiseled, scratched, or etched on a commercial building or residential building, or any portion thereof, including fencing, that is not consented to by the owner of the commercial building or residential building. There shall be a rebuttable presumption that such letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind is not consented to by the owner. Such presumption may be rebutted by the owner informing the city that the owner consents to the marking and intends that it remain on the building.
2. "Commercial building" means any building that is used, or any building a portion of which is used, for buying, selling or otherwise providing goods or services, or for other lawful business, commercial, professional services or manufacturing activities.
3. "Residential building" means any building containing one or more dwelling units.
4. "Public place" means a place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, plaza, shopping area, place of amusement, playground, park, beach or transportation facility.
b. Duty to keep property free of graffiti. The owner of every commercial building and residential building shall keep and cause to be kept such building free of all graffiti.
c. Availability of city funds; graffiti removal. Subject to the availability of annual appropriations, an agency or agencies designated by the mayor shall provide graffiti removal services to abate graffiti on commercial buildings and residential buildings without charge to the property owner. The owner of any commercial or residential building may request that such agency or agencies remove or conceal graffiti from such building through the city's graffiti removal services.
d. Notification to owner of nuisance. If the owner of a commercial or residential building is in violation of subdivision b of this section, the city shall notify the owner of such building that the building has been determined to be a nuisance and that, after thirty-five days from the date of such notice, or after fifty days from the date of such notice if such owner has requested an extension within the initial thirty-five day period, unless such owner abates the nuisance by removing or concealing the graffiti and notifies the city of such abatement or informs the city that the owner consents to the marking and intends that it remain on the building, the owner shall be deemed to have given permission to the city and/or its contractors or agents to enter or access the property and use the means it determines appropriate to abate the nuisance by removing or concealing the graffiti. Such permission shall not be deemed to include permission to enter any commercial or residential building.
e. Content of notice.
1. The notice that the property has been determined to be a nuisance as a result of graffiti on such property shall be provided (a) to the owner of a commercial or residential building by mailing a copy of such notice to the address of such building, if any, appearing in the latest assessment roll, (b) to the owner of record at the address provided by such owner to the commissioner of finance for communications from the commissioner of finance, and (c) if the address filed with the department of housing preservation and development in compliance with article two of subchapter four of chapter two of title twenty-seven of this code is different than the addresses described in subparagraphs (a) and (b) of this paragraph, to the person registered with the department of housing preservation and development as the owner or agent of the premises, at the address filed with such department in compliance with article two of subchapter four of chapter two of title twenty-seven of this code.
2. Such written notice shall, at a minimum: (a) describe the city's graffiti removal services; (b) identify the property that has become a nuisance; (c) indicate that, if an owner, within thirty-five days of the date of such notice, or within fifty days of the date of such notice if such owner has requested an extension within the initial thirty-five day period, fails: (i) to abate the nuisance by removing or concealing the graffiti and to notify the city of such abatement, or (ii) to inform the city that the owner consents to the marking and intends that it remain on the building, the city and/or its contractors or agents may enter or access the property and use the means it determines appropriate to abate the nuisance by removing or concealing the graffiti; (d) indicate the method by which an owner may contact the city for the purpose of conveying any information or making any request in accordance with subdivision d of this section; and (e) provide a telephone number for the owner to call with any questions regarding the city's graffiti removal services.
f. Removal of graffiti by the city.
1. If an owner, within thirty-five days of the date of notice provided pursuant to subdivision d of this section, or within fifty days of the date of such notice if such owner has requested an extension within the initial thirty-five day period, fails to abate the nuisance by removing or concealing the graffiti and to notify the city of such abatement, or to inform the city that the owner consents to the marking and intends that it remain on the building, the city and/or its contractors or agents may enter or access the property and use the means it determines appropriate to abate the nuisance by removing or concealing the graffiti.
2. In no case shall the city be required to clean, paint, or repair any area more extensive than where the graffiti is located.
g. Express permission to enter building.
1. If, after entering or accessing the property pursuant to subdivision f of this section, the city has determined that it is necessary to enter a commercial or residential building in order to provide graffiti removal services, it shall request the express permission of the owner of such building to enter such building for the purpose of providing graffiti removal services. In making such request, the city shall notify the owner of such building that it has determined that it is necessary to enter the building in order to provide graffiti removal services, and that the owner may either
(a) grant permission for the city and/or its contractors or agents to enter such building for the purpose of providing graffiti removal services;
(b) abate the nuisance by removing or concealing the graffiti and notify the city of such abatement;
(c) inform the city that the owner consents to the marking and intends that it remain on the building. Such request shall indicate the method by which an owner may contact the city for the purpose of conveying any information or making any request in accordance with this section.
2. The failure of the owner to comply with subparagraph (a), (b) or (c) of paragraph one of this subdivision within thirty-five days of the date of such request, or within fifty days of the date of such request if such owner has requested an extension within the initial thirty-five day period, shall result in the issuance of a notice of violation pursuant to subdivision h of this section.
3. For purposes of this subdivision, "owner" shall mean the person registered with the department of housing preservation and development pursuant to article two of subchapter four of chapter two of title twenty-seven of this code as the owner or agent of the premises or the owner identified in records maintained by the commissioner of finance for communications from the commissioner of finance.
h. Notice of violation.
1. Notwithstanding any provision in this section to the contrary, where the city has determined that it is unable to provide graffiti removal services to a particular property, or to a specific location on the property, an agency or agencies designated by the mayor shall serve a notice of violation, in the manner prescribed in paragraph two of subdivision d of section 1049-a of the charter, on the owner of the property. Such notice shall indicate that the owner is in violation of subdivision b of this section and that the failure to remove or conceal the graffiti within sixty days of receipt of the notice or to consent to the marking shall result in the imposition of a penalty as set forth in subdivision i of this section.
2. Notwithstanding paragraph one of this subdivision, a residential building containing fewer than six dwelling units shall not be issued a notice of violation pursuant to this subdivision.
3. Notwithstanding paragraph one of this subdivision, a residential building containing six or more dwelling units or a commercial building shall not be issued a notice of violation pursuant to this subdivision more than once in any sixty-day period.
4. Notwithstanding paragraph one of this subdivision, a commercial or residential building whose owner has granted permission for the city and/or its contractors or agents pursuant to subdivision g of this section to enter such building for the purpose of providing graffiti removal services shall not be issued a notice of violation pursuant to this subdivision.
i. Penalty for failure to remove graffiti from commercial and residential buildings. The owner of a commercial or residential building who has been given written notice pursuant to subdivision h of this section and who fails to remove or conceal such graffiti within sixty days of receipt of such notice or to consent to the marking shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than three hundred dollars. Such civil penalty may be recovered in a proceeding before the environmental control board.
j. Rulemaking. The agency or agencies designated by the mayor to provide graffiti removal services shall have the authority to promulgate rules to implement the provisions of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/111 and L.L. 2008/035.
(a) No person other than the owner of a building or structure, the duly authorized agent of such owner, or an appropriate legal authority shall destroy or remove any part of such building or structure.
(b) No person shall transport through, along or across a public street or way used materials or parts of buildings or structures, including but not limited to, piping, heating equipment, wiring, or other fixtures, windows or parts thereof, doors, radiators, bricks, wood beams or other parts, unless such person shall possess a bill of sale or other proper proof of ownership or right to possession of same signed by the owner of the building or structure, or one authorized by an appropriate legal authority.
(c) No dealer in junk or used materials shall purchase used materials or parts of buildings or structures, including but not limited to, piping, heating equipment, wiring, or other fixtures, windows or parts thereof, doors, radiators, bricks, wood beams or other parts, unless such dealer shall obtain at the time of purchase a bill of sale or other proper proof of ownership or right of possession of same signed by the owner of the building or structure from which said materials were taken, or by the duly authorized agent of such owner or by an appropriate legal authority.
(d) Any person who violates this section shall be guilty of a misdemeanor punishable by a fine not more than five hundred dollars or imprisonment for not more than three months, or both.
a. Except as provided in subdivision d of this section, no person shall remove, or transport through, along or across a public street, any manhole cover, including but not limited to the cover of an opening in the ground, street or sidewalk used by a public utility or authority to access underground vaults, structures, installations, or other enclosed space; or the cover of such an opening that is part of a sewer system, fuel storage system, or water supply system.
b. Any person who violates any provision of this section shall be liable for a civil penalty of not less than two thousand five hundred dollars nor more than ten thousand dollars. A notice of violation issued pursuant to this section shall be returnable to the environmental control board, which shall have the power to impose such civil penalty.
c. In addition to the civil penalties set forth in subdivision b of this section, any person who knowingly violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars, or imprisonment not exceeding thirty days, or both for each violation.
d. The prohibition in this section shall not apply to the owner of such cover, the duly authorized agent of such owner, or an appropriate legal authority.
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