A. No person shall make graffiti, write, paint, spray or draw any word, work, inscription, design, figure or mark of any type on or otherwise mar or deface any building, public or private, or any other property, real or personal, including any church, synagogue, statue, monument, passenger or commercial vehicle, bridge, dwelling or structure of any kind, including those in the course of construction, owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.

B. No person shall possess any graffiti instruments such as any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use the same in order to damage such property.

A. It shall be the responsibility of any person owning, occupying, or in control of residential or commercial property to remove graffiti within 15 days of notification from the City of the existence of graffiti on his or her property. A reinspection fee of $50 shall be charged if the violation is not corrected within such time period. All unpaid reinspection fees shall be assessed to the owner against the property and shall be added to the tax bill for said property.

B. The City of Binghamton hereby recommends to the judiciary who may be involved with the handling of any violators of this chapter that their sentences include, but are not limited to, a sentence that requires said offenders to remove graffiti within the City of Binghamton under the proper supervision of a person designated by said court.

A. Any person who violates the provisions of § 256-3A of this chapter shall be guilty of a Class A misdemeanor punishable by a fine of not less than $300 and not more than $750 or imprisonment for not more than six months, or both. The court may consider a conditional discharge upon the condition that, with the consent of the owner, the defendant will restore the property so defaced to its original condition by means of the defendant’s own labor or on the condition of monetary restitution in an amount not to exceed the cost of said restoration.

B. Any person who violates the provisions of § 256-3B of this chapter shall be guilty of a Class B misdemeanor punishable by a fine of not less than $150 and not more than $500 or imprisonment for not more than 90 days, or both.