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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
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
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.
B A C K T O T O P