N.Y.C. Admin. Code § L.L. 1985/034: L.L. 1985/034

Enactment date: 7/3/1985

Int. No. 422-A

By Council Members DeMarco, Horwitz, O'Donovan, Crispino, Katzman, Eisland, Albanese, Alter, Berman, Castaneira-Colon, Dear, Dryfoos, Ferrer, Foster, Leffler, Lisa, Maloney, Michels, Pinkett, Vallone, Ward, Williams, Wooten, Spigner, Friedlander, Fossella, Crowley, Samuel and Povman (by request of the Mayor) (Passed under a message of necessity from the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the defacement of property and the sale and possession of aerosol spray paint cans and broad tipped indelible markers, and to repeal section 435-13.2 thereof relating thereto

Be it enacted by the Council as follows:

Section 1. Legislative declaration. The council finds that for the health, safety and welfare of the residents of the city, the laws designed to deter the defacement of public and private property through the use of aerosol spray paint cans, broad tipped indelible markers and other marking devices should be strengthened. The council finds further that such defacement of property is most often committed by persons under eighteen years of age using aerosol spray paint cans and broad tipped indelible markers, that such aerosol cans and markers are frequently stolen from retail stores by such persons, that such persons rarely have a legitimate need for such aerosol cans or markers, that where such a need exists such aerosol cans or markers may be furnished by a parent or guardian, and therefore, that within the city, the sale of such aerosol cans and markers to such persons should be prohibited and that persons engaged in the retail sale of such aerosol cans and markers should be required to take reasonable steps to prevent the theft of such cans and markers. Further, it is the recommendation of the council that, where appropriate, the court require those who commit acts of defacement to restore the property so damaged.

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[Consolidated provisions are not included in this Appendix A]

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Section 3. The repeal of section 435-13.2 by section two of this local law shall not affect any offense committed or punishment incurred prior to the time such repeal takes effect and the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal has not been effected.

Section 4. If any clause, sentence, paragraph, section or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy and in which such judgment shall have been rendered.

Section 5. This local shall take effect immediately, except that subdivision c and d of section 435-13.2 of the administrative code of the city of New York contained in section two of this local law shall take effect ninety days after enactment of this local law.