[HISTORY: Adopted by the Township Committee of the Township of Union 11-23-1993 by Ord. No. 4280 (Ch. 163 of the 1986 Code). Amendments noted where applicable.]
No person shall purposely or knowingly vandalize, deface or otherwise damage the tangible property of another by painting, writing, drawing or otherwise inscribing in any fashion or materials 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 same or the nature of the materials used in the commission of the act.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- INDELIBLE MARKER
- Any felt-tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
- Any person under the age of 18 years.
- Any retail establishment.
No person shall sell or offer for sale, transfer or offer to transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free access to the merchandise by the public.
No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
No minor shall, at the time of purchase of items specified in Subsection B(2), knowingly furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces or any document issued by a federal, state, county or municipal government.
If, at any time of the offense charged, any persons shall be under the age of 18 years, the Family Part of the Superior Court of New Jersey shall have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Family Part of the Superior Court of New Jersey, 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.
[Amended 7-12-1994 by Ord. No. 4342]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days or to performance of 90 days of community service and/or to a fine not exceeding $1,250 at the discretion of the Municipal Court.
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.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of an infant under 18 years of age who fails or neglects to exercise reasonable supervision and control of such infant shall be liable in a civil action for any destruction or damage caused by such infant offender under § 313-1 above.
The Township may offer rewards, not exceeding $500 each, for the detection and apprehension of any person guilty of purposely or knowingly damaging tangible property of another by an act of graffiti. A reward is to be payable after a conviction out of those funds of the Township made available therefor. The reward shall be paid to any person who the Township, acting upon the recommendation of the Chief of Police, may deem entitled thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the employee's spouse, child or parent, living in the same household.