[HISTORY: Adopted by the Township Council of the Township of Delran
by Ord. No. 1997-2 (Sec. 4-14.11 of the 1993 Revised General
Ordinances). Amendments noted where applicable.]
A.
No person shall purposely or knowingly vandalize, deface
or otherwise damage the real or personal property of another by painting,
writing, drawing or otherwise inscribing in any fashion, graffiti. Graffiti
shall include any form of painting, writing, drawing or inscription regardless
of content which is placed on real or personal property without the express
or implied permission of the owner of said property or public entity.
B.
An "owner of real or personal property" is any person,
business entity or public entity having possession, control or title to said
property.
C.
For purposes of this section herein, the act of placing
graffiti shall constitute the willful, malicious or unlawful injury or destruction
to real or personal property.
If, at the time of the offense charged, any person shall be under the
age of 18 years, the Juvenile Domestic Relations Court shall have exclusive
jurisdiction of the trial of such infant or infants, and such infant or infants
shall be surrendered to the Juvenile 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.
Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to the maximum penalty set forth in § 1-5, Violations and penalties, of this Code. 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, provided that a determination is made that any restoration efforts made by the offender shall not subject the offended to unreasonable risk. In the event that the offender makes full monetary restitution to restore the property to its original undamaged condition, the Municipal Court shall have the full discretion to set the terms of the restitution.
Any parent, guardian or other person having legal custody over an infant under 18 years of age who fails or neglects to exercise supervision and control over such infant shall be presumptively liable for any destruction or damage caused by such infant under § 185-1 above to the property of the Township of Delran, any private person or entity or any public authority of the Township of Delran. Said parent may be liable for the current cost of replacement or repair, and it shall be no defense that the cost of replacement or repair is greater than the original value of the damaged property or the original cost of installation.
