[HISTORY: Adopted by the Borough Council of the Borough of Carteret
6-3-1999 by Ord. No. 99-18. (This ordinance also provided for the repeal of
former Ch. 140, Graffiti, adopted 3-4-1992 by Ord. No. 92-4.) Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Carteret, New Jersey.
To cover, mark, write on, paint, color or otherwise mar, disfigure
or draw whatsoever on any private or public property of any nature without
the express consent of the owner.
Any form of inscription, word figure, marking or design that is marked,
etched, scratched, drawn on or painted on any building, structure, fixture
or other improvement, whether permanent or temporary, including by way of
example only and without limitation, fencing surrounding construction sites,
whether public or private, without the consent of the owner of the property,
or the owner's authorized agent, which is visible from the private right of
way.
Any felt tip marker, china marker, or similar device that is not
water soluble and which has a flat or angled writing surface one-half inch
or greater.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the marking of graffiti. It is intended
to include and require neglectful or careless 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 their custody, when they have knowledge of the individual's
actions that are not in compliance with this chapter.
Shall be 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 eighteenth birthday.
The owner of record of the property as set forth in the records of
the Tax Assessor for the Borough of Carteret.
Any person to whom legal custody of the juvenile has been given by
court order or is acting in the place of the parent or is responsible for
the care and welfare of the juvenile 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 used
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.Â
No person shall willfully or maliciously damage, deface
or vandalize any public or private property by painting, writing, drawing,
or otherwise inscribing in any fashion of graffiti thereon without the express
permission or consent of the owner. However, this prohibition shall not apply
to easily removable (which are water soluble) chalk markings on public sidewalks
or streets, written or drawn in connection with traditional children's games
or in any lawful business or public purpose or activity.
B.Â
It shall be unlawful to aid anyone in defacing public
or private property.
C.Â
No person shall possess a spray container or indelible
marker in any public place or on any public facility or private property with
the intent to use same to deface said public building property or private
property absent express permission to the contrary.
A.Â
In the case of a first violation by the juvenile, the
juvenile and parent shall receive, both in person and by certified mail, a
written warning indicating the circumstances under which the juvenile was
found to be in violation of this chapter.
B.Â
If the minor has been convicted of violating this chapter
on a prior occasion within six months of the date of the present violation,
there shall be a presumption that the parent or guardian having care of the
minor, knew or should have known of the minor's violation of this chapter.
A.Â
Any person who violates any of the provisions of this
chapter shall, upon conviction thereof, be punished by one or more of the
following penalties.
B.Â
If, after the receipt of a warning notice pursuant to § 140-4 of a first violation by a juvenile, a second graffiti violation is adjudged against the same juvenile, the parents of the juvenile shall be subject to prosecution under this section and shall be required to perform community service for a period of not to exceed 90 days and pay a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a juvenile found to be in violation of this chapter, if it is adjudged that both the juvenile and the juvenile's parent violated the graffiti chapter, shall be required to perform the community service together.
Seventy percent of each fine collected pursuant to this chapter shall
be placed in a special account to be used as assistance to homeowners for
removing graffiti and to purchase necessary equipment to perform said cleaning.
The remaining 30% shall be deposited into the general fund of the Borough
of Carteret.
[Amended 3-2-2001 by Ord.
No. 00-4]
The occupant, lessee, agent and/or landlord of any commercial premises,
wherever situated in the Borough, which has any form of graffiti on any building
or structure shall be required to either restore the defaced surface by removing
the graffiti or repaint the defaced surface within 10 business days after
notice to the occupant, lessee, agent and/or landlord by the Borough's Code
Enforcement Officer (or his designee) to remove same.
Any and all ordinances inconsistent with this chapter are hereby repealed
to the extent of any such inconsistency.
If any provision of this chapter is held unconstitutional or otherwise
found invalid by any court of competent jurisdiction, the remaining provisions
of this chapter shall not be invalidated.
