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.