Township of Evesham, NJ: Graffiti

§ 87-1 Prohibited acts.

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.

An owner of real or personal property is any person, business entity, or public entity having possession, control or title to said property.

For purposes of § 87-4 herein, the act of placing graffiti shall constitute the willful, malicious or unlawful injury or destruction to real or personal property.

§ 87-2 Prosecution of minors.

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.

§ 87-3 Violations and penalties; restoration; trust account.

[Amended 8-4-1998 by Ord. No. 25-6-98]

Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to imprisonment not to exceed 90 days or to a fine not to exceed $1,000. 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 offender to unreasonable risk of death or serious physical injury or otherwise be in violation of law. 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 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 restitution.

A Graffiti Trust Account maintained by the Township specifically for the remediation of graffiti on public property within the Township is hereby created. The Township Council and Township Manager shall control the allocation of the funds in the Graffiti Trust Account for the remediation of graffiti within the Township, which shall include cleaning, repairing, painting or otherwise restoring the damaged public property to the condition it was in prior to any remediation. Any remediation of public property subjected to graffiti may be funded by the Graffiti Trust Account at the discretion of the Township Council and Township Manager. Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to a mandatory fine of $50 to be paid to the Graffiti Trust Account.

Any private property that has been subjected to graffiti shall not be eligible for the Graffiti Trust Account. Such private property owner or tenant must remediate their property within 30 days of the initial discovery of the graffiti. Any private property owner or tenant failing to remediate its property within 30 days shall be in violation of this chapter and shall be subject to a mandatory fine of $50 to be paid to the Graffiti Trust Account. Any private property subject to this provision shall be entitled to full restitution for graffiti cleanup in the event that the offender is apprehended and convicted.

§ 87-4 Parental responsibility.

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 § 87-1 above to the Township of Evesham or any public authority under the Township of Evesham, provided that said Township or other public authority is the owner of the property subjected to said destruction or damage. Said parent may be held liable for the current costs 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 costs of installation.

§ 87-5 Reporting on Graffiti Trust Account.

[Added 8-4-1998 by Ord. No. 25-6-98]

The Township Manager shall report annually to the Township Council on the status of the Graffiti Trust Account. At the very least, such report shall include the amount currently in the fund and the amount allocated to graffiti remediation over the past year.