[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 11-12-1986 (Ch. 50 of the 1974 Code). Amendments
noted where applicable.]
A.Â
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 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 or the nature of the materials used in the commission
of the act.
B.Â
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 to 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, or by lack of supervision
and control over said minor child.
C.Â
This section shall not be construed to prohibit easily
removed chalk markings on the public sidewalk and street in connection
with traditional children's games, such as bases for stickball, handball,
hopscotch and the like, nor temporary, easily removed chalk markings
in connection with any lawful business or public purposes or activity.
D.Â
Absent express permission to the contrary by the owner
or other person having control thereof, it shall be unlawful for any
person to possess a spray paint container, liquid paint in cans or
other containers or indelible marker in any public building or upon
any public facility or upon any private property with intent to use
the same to deface said building, facility or property. Any person
who possesses a spray paint container, liquid paint in cans or other
containers or an indelible marker in any public building or upon any
public facility or private property with no legitimate or lawful purpose
therefor shall be prima facie presumed to have possession of the same
with the intention of using such container, can, marker or paint to
deface said building, facility or property.
[Added 5-27-1997 by Ord. No. 1997-5]
If, at the time of the offense charged, any
persons 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.
[Amended 11-13-1995 by Ord. No. 1995-6]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be liable to the provisions of Chapter 1, Article II, General Penalty. 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 § 213-1A, above.
[Added 5-27-1997 by Ord. No. 1997-5]
A.Â
Requirement to remove graffiti. The owner of any commercial
or residential premises located within the Borough of Prospect Park
which has any form of graffiti on any building, structure or accessory
structure or building shall be required to either restore the defaced
surface by removing the graffiti or repaint the defaced surface using
the same color paint as existed previously on a defaced surface within
30 days after written notice to the owner of record by the Borough
of Prospect Park Construction Official to remove the same.
B.Â
Remedy of Borough of Prospect Park. If said graffiti
condition is not cured or corrected within 30 days after written notice
by the Borough of Prospect Park, then the Borough of Prospect Park
shall have the right to issue a summons and to enter the premises
to remove the graffiti and/or repaint the premises as set forth above,
and the cost of the removal of the graffiti and/or repainting shall
be at the sole cost and expense of the owner of said building or structure.
The actual cost of the removal of the graffiti and/or repainting,
plus the cost of the inspection of said graffiti and/or repainting
and other costs incidental to such removal, shall be certified by
the Borough Clerk to the Borough Council and thereafter as certified
become a lien upon the real property upon which the graffiti was found
to be and shall be added to and become a part of the taxes next to
be assessed and levied on such real property, and the same shall be
collected and enforced in the same manner as taxes.
