One-Man Cleanup Crew
But painting over unlawful construction ads gets into murky legal territory
By Miranda Katz
Posted by Our Town on December 3, 2009 · View Comments
One Upper East Sider has single-handedly taken on the task of ridding the neighborhood of graffiti, illegal advertisements and other defacements of public property. William, who preferred not to disclose his surname, has taken to painting over the illegal advertisements that paper local construction sites. The former California resident did similar work on the West Coast, and expanded his project when he moved to the Upper East Side. He says he does this independently and for no compensation other than his own satisfaction.
“I have always tried to improve my physical surroundings,” he said. “I find that they have an impact on my morale.”
Residents may have recently seen him on East 79th Street and Third Avenue painting over advertisements on a construction fence. This was the biggest project he has tackled so far, taking nearly three days. Most passersby gave him no trouble at all, except for a few individuals.
William says it’s okay to paint over advertising on a construction fence because it “is always illegal. There are no exceptions.”
“A couple of people came up to me [while I was painting] and asked, ‘Do you have a permit for this?’” William recalled. “I just kept on painting.”
William believes he is not doing anything illegal.
“It is okay for someone to do this,” he said. “Advertising on a construction fence is always illegal. There are no exceptions.”
He said the Department of Buildings confirmed this and assured him that painting over the advertisements is perfectly legal, but the issue might not be so cut-and-dried. Although painting over illegal advertising isn’t prohibited by the city’s building code, it might constitute some kind of illegal action, like trespassing or criminal mischief.
“The department discourages this type of action and if people are concerned about illegal ads, they should call 311 to have an inspector dispatched to the location,” said Carly Sullivan, a department spokesperson.
The department has issued violations related to advertising at 1387 Third Ave., near East 79th Street.
Most people passing the freshly painted construction fence were unaware that the job had been done by a private citizen. When informed, however, they wholeheartedly approved.
In addition to painting over construction fences, William removes graffiti and stickers on public property, takes down illegal flyers from lampposts and cleans out news racks on the street. He says he has made hundreds of phone calls to 311 about various problems around the city.
“It would be nice to encourage other people [to do the same],” William said. “I have the hopes that New York City will become a much cleaner place.”
Here is a many who doesn't just sit back and complain, but goes out and takes action to improve his environment and enforce the law. Kudos to him and for this story of fighting back.
Here is a many who doesn't just sit back and complain, but goes out and takes action to improve his environment and enforce the law. Kudos to him and for this story of fighting back.