[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 7-16-1985 by Ord. No. 4-85 (Ch. 75 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 295.
No person shall purposely or knowingly vandalize, deface, damage, write, print, inscribe or place, with ink, paint, chalk or other substances, what is commonly known as "graffiti." For the purposes of this chapter, "graffiti" shall include any form of painting, writing or inscription, regardless of the content of said painting, writing or inscription or the nature of the materials used in the commission of the act. No person shall place graffiti on real or personal property of another, whether said personal or real property is publicly or privately owned, unless the owner of said property shall have, prior to the writing, printing, inscribing or placing of graffiti, specifically consented to the same.
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of 18 years, who shall assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this chapter, as defined herein, either by words, overt act, by failing to act, by negligence or by lack of supervision and control over said minor child. Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of said minor child, who fails or neglects to exercise reasonable supervision and control of such infant child, shall be liable in a civil action for any destruction or damage caused by such infant child offender under the provisions of this chapter.
Any minor child under the age of 18 years apprehended for the violation of this chapter shall be brought before the Judge of the Passaic County Juvenile and Domestic Relations Court. As to the offense charged, the Passaic County Juvenile Domestic Relations Court shall then have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Juvenile and Domestic Relations Court, and the case, including all papers and process thereto, shall be transferred to said Court as provided in N.J.S.A. 2C:4-11. Furthermore, the parent, legal guardian or other person having care and custody of said minor shall be summoned or arrested and brought before the Judge of the Municipal Court of the Borough of Totowa and be subject to the penalties provided herein.
A. 
Any person who violates any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $2,000 for each offense or by imprisonment for a term not to exceed 90 days, or a requirement of community service not to exceed 90 days. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur.
[Amended 6-25-2002 by Ord. No. 13-2002; 3-28-2006 by Ord. No. 07-2006]
B. 
An exception to this section shall be any minor child under the age of 18 years who shall, upon conviction, be subject to the penalties imposed on him by the Judge of the Passaic County Juvenile and Domestic Relations Court.
C. 
As a condition of sentencing, the Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the Municipal Court shall have the authority to order that said offender make the necessary monetary restitution to restore the property to its original undamaged condition.