[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro 9-2-2008 by Ord. No. 09.08. Amendments noted where applicable.]
A.
The Mayor and Borough Council of Paulsboro hereby
find and declare that graffiti is detrimental to the health, safety
and welfare of the community and that there is a perception in the
community that the laws protecting public and private property can
be disregarded with impunity. This perception fosters a sense of disrespect
of the law that results in an increase of crime, is detrimental to
the property values of the community, degrades the community, leads
to urban blight, is inconsistent with the Borough of Paulsboro's property
maintenance goals, aesthetic standards and to the public's health
and welfare.
B.
Graffiti results in visual pollution and is hereby
deemed a public nuisance.
C.
It is the purpose of this chapter to provide a mechanism
in which individuals may be prosecuted for defacing public and private
property.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Paulsboro, New Jersey.
To cover, mark, write on, paint, color, carve, etch or otherwise
mar, alter, disfigure or draw whatsoever on any private or public
property of any nature, without the express consent or authorization
of the property owner or their authorized agent.
The Superior Court of New Jersey, Chancery Division, Family
Part, as set forth in N.J.S.A. 2A:4A-22, or any successor statute.
Any form of inscription, word, figure, symbol, marking or
design that is etched, carved, scratched, drawn, marked or painted
with any substance or method which defaces, obliterates, covers, alters,
damages, marks or destroys any exposed surface which is visible from
the private right-of-way of any public or private property, without
the consent or authorization of the owner of the property, or the
owner's authorized agent; or as defined in N.J.S.A. 2C:33-24 or any
successor statute. It shall not include any temporary easily removable
chalk markings on the public sidewalk or street in connection with
traditional children's games, or any temporary easily removable chalk
markings in connection with any lawful business or public purpose
or activity.
Any felt-tip marker, china marker or similar device that
contains a substance that is not water soluble and which has a writing
surface 1/2 inch or greater.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the markings of graffiti. It is
intended to include and require parents to maintain a reasonable community
standard of parental respectability through an objective test. There
shall be no defense of a parent who is indifferent to the activities
or conducts of a minor in his or her custody not in compliance of
this chapter.
Used interchangeably and shall mean any person under the
age of 18, any person less than 18 years of age or any person who
has not celebrated his or her 18th birthday, as set forth in N.J.S.A.
2A:4A-22, or any successor statute.
The owner of record of the property as set forth in the records
of the Tax Assessor for the Borough of Paulsboro.
Any person to whom legal custody of a minor has been given
by court order, is acting in the place of the parent or is responsible
for the care and welfare of the minor and shall include:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
The following acts are prohibited:
A.
No person shall, without the prior permission, consent
or authorization of the property owner or the property owner's authorized
agent, willfully or knowingly cause any graffiti to be placed upon
any public or private property.
B.
No person shall aid any other individual in causing
any graffiti to be placed upon any public or private property without
the prior permission, consent or authorization of the property owner
or the property owner's authorized agent.
C.
No person shall possess a spray container, liquid
paint in cans, indelible marker or any other pigmented substance in
an aerosol or similar container in any public place or on any public
facility or private property with the intent to use the same to cause
graffiti to be placed upon any public or private property without
the prior permission, consent or authorization of the property owner
or the property owner's authorized agent. Any person who possesses
a spray container, liquid paint in cans, indelible marker or any other
pigmented substance in an aerosol or similar container in any public
place or on any public facility or private property without a legitimate
lawful purpose shall be presumed to have possessed same with the intention
of using such to cause graffiti to be placed thereon; the said presumption
being rebuttable by possessor demonstrating a lawful, legitimate use.
A.
Any parent, as defined in § 37-2 of this chapter, in charge of a minor who is convicted of violating this chapter and who has failed or neglected to exercise reasonable supervision of said minor shall be presumed to have aided and assisted, allowed and/or permitted said minor in violation of this chapter.
B.
Any parent, as defined in § 37-2 of this chapter, in charge of a minor who has failed or neglected to exercise reasonable supervision and control of the conduct of such minor, pursuant to N.J.S.A. 2A:53A-15, shall be liable in a civil action for any willful, knowing, malicious or unlawful injury, damage or destruction caused by said minor.
A.
Any minor, as defined in § 37-2, found by a law enforcement officer to be in violation of this chapter shall be brought to the Paulsboro Borough Police Station, where the minor shall be released to his or her parent or guardian. The parent, as defined in § 37-2, shall be immediately notified and required to report to Paulsboro Borough Police Station to procure the minor.
B.
When the summoned parent responds to the Paulsboro Borough Police Station to take charge of the minor and the appropriate identifying information has been recorded, the minor shall be released to the custody of such parent, as defined in § 37-2. If the parent cannot be located or fails to take charge of the minor, then the minor shall be released to the juvenile authorities except to the extent that, in accordance with police regulations or procedures promulgated by the Chief of Police, approved in advance for juvenile authorities, the minor may temporarily be entrusted to an adult, relative, neighbor or other person who will, on behalf of the parent, assume responsibility for caring for the minor pending availability of the parent.
C.
In the case of a first violation by the minor, the
minor and parent shall receive, by hand delivery or by certified mail
and regular mail, a written warning notice from the arresting law
enforcement officer indicating the circumstances under which the minor
was found to be in violation of this chapter. The minor will also
be subject to a station house adjustment for the violation.
D.
If the minor has been convicted of violating this chapter on a prior occasion, there shall be a presumption that, whenever a minor has been convicted for a violation of this chapter, the parent or guardian having care of the minor knew or should have known of the minor's violation, as set forth in § 37-4 and N.J.S.A. 2A:53A-15 or any successor statute.
A.
Adults who are not parents of offenders as defined in § 37-2 of this chapter and who violate any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:
(1)
A fine of not less than $500 and not exceeding $1,000.
(2)
Imprisonment not to exceed 90 days.
(3)
A period of community service not to exceed 90 days.
(4)
As set forth in N.J.S.A. 2C:17-3, N.J.S.A. 2C:33-11
or any other applicable statute.
(5)
Should the graffiti have been found to cause fear
of unlawful bodily violence or if the graffiti exposes another to
threats of violence, additional penalties may be imposed as set forth
in N.J.S.A. 2C:33-10.
B.
Minors and/or parent violators as defined in § 37-5 of this chapter.
(1)
After the receipt of a warning notice pursuant to § 37-5C with a first violation by a minor and after a station house adjustment was executed, and if a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section as follows:
(a)
Violators of this chapter shall be required
to perform community service of a period not to exceed 90 days and
may be subject to a fine of not less than $500 but not more than $1,000.
(b)
Parent violators having the care or custody
of a minor found to be in violation of this section, if it is adjudged
that both the minor and the minor's parents violated this Graffiti
Chapter, shall be required to perform community service together.
(c)
Minors who have been adjudged to have violated
this chapter and found to be delinquent may have additional penalties
imposed as set forth in N.J.S.A. 2A:4A-43.2.
(d)
Minors who have been adjudged to have violated
this chapter may have their driving privileges suspended or there
may be a postponement of their right to operate a motor vehicle as
set forth in N.J.S.A. 2A:4A-43.3.
(2)
If a minor has been found to violate this chapter
twice:
(a)
The minor shall receive a summons and complaint
from the law enforcement officer that apprehended the minor for the
violation of this chapter.
(b)
Minors who have been adjudged to have violated
this chapter and found to be delinquent may have additional penalties
imposed as set forth in N.J.S.A. 2A:4A-43.2.
(c)
Minors who have been adjudged to have violated
this chapter twice may have their driving privileges suspended or
there may be a postponement of their right to operate a motor vehicle
for an increased period of time as set forth in N.J.S.A. 2A:4A-43.3.
(3)
If a minor is found to be in violation of this chapter
three times:
(a)
The minor as well as the parent, as defined in § 37-2, having the care and custody of the minor shall receive a summons and complaint for the violation of this chapter.
(b)
Minors who have been adjudged to have violated
this chapter and found to be delinquent may have additional penalties
imposed as set forth in N.J.S.A. 2A:4A-43.2.
(c)
Minors who have been adjudged to have violated
this chapter twice may have their driving privileges suspended or
there may be a postponement of their right to operate a motor vehicle
for an increased of period of time as set forth in N.J.S.A. 2A:4A-43.3.
(4)
Any minor who violates any of the provisions of this Graffiti Chapter as contained in § 37-3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, or his designee, may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.
A.
The owner of any public or private real property which
has been altered with any form of graffiti shall be required to either
restore the defaced and/or altered surface by removing the graffiti
within 90 business days after notice to the owner and/or agent of
the owner of the real property by the Chief of Police (or his designee)
in accordance with N.J.S.A. 40:48-2.59.
B.
Said notice shall be by certified and regular mail
and shall include a form to be utilized by a property owner to certify
to the Chief of Police or his designee that the graffiti has been
removed. The certification shall be made under penalty of perjury.
C.
An owner who has been ordered to remove graffiti shall
respond to the Chief of Police or his designee:
(1)
By personal delivery or by certified mail and within
30 days of the date of the order any objection; or
(2)
By instituting a challenge before a court of competent
jurisdiction within 60 days of the date of the order; or
(3)
By personal delivery or by certified mail and within
90 days of the date of the order by submitting a certification asserting
that the graffiti has been removed.
D.
If said graffiti is not removed within 90 business
days after written notice is issued, unless an action challenging
the order is still pending, the Chief of Police, his designee or the
Borough of Paulsboro shall have the right to issue a summons and to
enter the premises to remove the graffiti and put the premises in
proper condition so as to comply with the requirements of this section.
See N.J.S.A. 40:48-2.59.
E.
The cost of abating such nuisance, removing the graffiti,
shall be at the sole cost and expense of the property owner. The actual
cost of the removing the graffiti, the cost of inspection and other
costs incidental to such removal shall be itemized and certified by
the Chief Financial Officer to the Borough Council and shall be forwarded
by certified and regular mail to the property owner and/or agent for
reimbursement.
F.
Pursuant to N.J.S.A. 40:48-2.12f or any successor
statute, the amount thereof shall be entered as a lien upon the real
property. Said lien shall be added to and become a part of the taxes
to be assessed against and levied on the real property, and the same
shall be collected and reinforced in the same manner as taxes.
G.
If the Chief of Police or his designee determines
that any graffiti is a danger to the health, safety, or welfare of
the public or may cause fear of unlawful bodily violence or which
may expose another to threats of violence, then the Chief of Police
or his designee may request that the graffiti be removed within 48
hours of the notice.
