Int. No. 254
By Council Members O'Donovan, Leffler, Berman, Malave-Dilan, Henry, Lasher, Michels, Fusco,Koslowitz and Eisland; also Council Members Clarke, Cruz, Foster, Harrison, McCaffrey and Povman.
A Local Law to amend the administrative code of the city of New York in relation to the sale of aerosol spray paint cans and broad tipped indelible markers.
Be it enacted by the Council as follows:
Section one. Chapter one of title ten of the administrative code of the city of New York is hereby amended by the addition of a new section 10-117.3, to follow section 10-117.2, to read as follows:
§10-117.3. Posting of sign. a. All persons who sell or offer for sale aerosol spray paint cans or broad tipped indelible markers shall post a sign, to be prominently displayed and visually conspicuous to customers in the vicinity where such items are shelved, displayed, or otherwise located, stating the following:
Pursuant to section 10-117 of the New York City Administrative Code, it is unlawful for any person (i) to write, paint or draw any inscription, figure or mark of any type on any public or private building or other structure without the express permission of the property owner; (ii) to carry an aerosol spray paint can or broad tipped indelible market into any public building or other facility with the intent to violate such law; and (iii) to sell or offer for sale an aerosol spray paint can or broad tipped indelible marker to any person under eighteen years of age. There are civil and criminal penalties, including imprisonment, for the violation of any of these provisions.
b. Any person who violates the provisions of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for the first violation, and not less than $500 nor more than $1,000 for the second and each subsequent violation. Such civil penalty may be recovered in a proceeding before the environmental control board, which proceeding shall be commenced by the service of a notice of violation returnable before such board.
c. Police officers, officers and employees of the department of consumer affairs, sanitation, and environmental protection shall have the power to enforce the provisions of this section and may issue notices of violation, appearance tickets or summonses for violations thereof.
§3. This local law shall take effect ninety days after its enactment.