[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 6-13-1995 by Ord. No. 1646. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any writing, drawing, marking, symbol of the like placed
upon any real or personal property, whether private property or public
property, by using paint, spray paint, aerosol paint, markers, chalk,
dyes or any other substance or method without the consent or authorization
of the owner of the property.
Any person under the age of 16 years.
A marking pen or instrument of which the surface used for
writing or marking purposes is equal to or greater than 1/8 of an
inch.
A.
No person shall write, draw, paint, print, or place
with ink, paint, chalk or other substance, graffiti or other markings,
whether obscene or not and whether intended to offend or not, on the
real or personal property of another, whether such property is publicly
or privately owned, unless the owner of said property shall have,
prior to the drawing, writing, printing or placing of such markings,
specifically consented to the same, nor shall any person willfully
or maliciously damage, deface, or vandalize the property of another
by inscribing or placing graffiti or any other markings on a public
or private street, or on public or private property, whether real
or personal.
B.
No person shall knowingly sell or offer for sale to the general public any spray paint or other pigmented substance in an aerosol or similar spray container, or any wide felt-tip marker as defined above, unless a sign is exhibited, either where the product is displayed or where it is paid for, warning that in the Borough of North Arlington a conviction for an act of graffiti carries a minimum, mandatory fine of $250 and a minimum, mandatory ten-day period of incarceration or community service for a first offense. Notwithstanding the provisions of § 192-3 of this chapter, a person who knowingly violates this subsection shall be fined $50 for the first offense and $100 for a second or subsequent offense.
C.
It shall be unlawful for any person to possess a spray
paint container, liquid paint in cans, a wide felt-tip marker, or
any other pigmented substance in an aerosol or similar spray container,
in any public building or upon any public facility or private property,
with the intent to use the same to deface said building, facility
or property. A person who possesses a spray paint container, liquid
paint in cans, a wide felt-tip marker, or any other pigmented substance
in an aerosol or similar spray container in any public building, or
upon any public facility or private property, with no legitimate or
lawful purpose therefor, shall be presumed to have possessed same
with the intention of using such container, marker, can or paint to
deface said building, facility, or property, the said presumption
being rebuttable by the possessor demonstrating a lawful, legitimate
use for the container, marker, can or paint.
D.
It shall be unlawful for any parent, legal guardian
or other person having custody or in the presence of any minor child
under the age of 18 years to assist, aid, able, allow, permit or encourage
said minor to violate the provisions of this chapter, as defined herein,
either by words, overt act, or by failing to act, or by lack of supervision
and control over said minor child.
A.
Any person found guilty of violating any of the provisions of this chapter, with the exception of § 192-2B above, upon conviction thereof shall pay a fine not to exceed $1,000 or be subject to imprisonment for not more than 90 days, or both.
B.
Notwithstanding the provisions of the preceding subsection,
for a first offense involving the actual defacing or marring of any
private or public property, a person having been convicted of same
shall be subject to a minimum, mandatory fine of not less than $250
and a minimum, mandatory period of imprisonment or a term of community
service of not less than 10 days. One day of community service shall
consist of eight hours.
C.
For a second or subsequent violation involving the actual defacing or marring of any private or public property, a person having been convicted of same shall be subject to the penalties in Chapter 1, Article I, General Penalty, the community service option of which shall be of such form and substance as the court shall deem appropriate under the circumstances.
D.
In addition to any other penalty imposed by the court,
any person convicted for a violation of this chapter may, at the discretion
of the Judge of the Municipal Court, be required to pay to the owner
of the damaged property monetary restitution in the amount of the
pecuniary damage caused by the act of graffiti.
If at the time of the offense charged, any person
apprehended for a violation of this chapter shall be under the age
of 18 years, the Bergen County Juvenile and Domestic Relations Court
shall have exclusive jurisdiction of the trial of such infant or infants,
and such infant or infants shall be surrendered to that Court, and
the case, including all papers, reports, and process thereto, shall
be transferred to said Court as provided for in N.J.S.A. 2C:4-11.
