Township of Nutley, NJ Graffiti

No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.

No minor shall, at the time of purchase of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate under the Federal Selective Service Act, an identification card issued to a member of the armed forces or any document issued by a federal, state, county or municipal government.

Absent express permission to the contrary, it shall be unlawful for any person to possess a spray paint container or indelible marker in any public building or upon any public facility or private property with intent to use the same to deface said public building, facility or property.

§ 388-3 Violations and penalties.

Any person found guilty of violating any of the provisions of this article shall, upon conviction thereof, pay a fine not to exceed $50 or be subject to imprisonment for not more than 90 days in the county jail, or both, in the discretion of the Municipal Court Judge.

Article II Defacing Property

[Adopted 4-18-2006 by Ord. No. 2944 (Ch. 173, Art. V, of the 1978 Code)]

§ 388-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

DEFACE

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.

GRAFFITI

Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn down 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.

INDELIBLE MARKER

Any felt tip marker, china marker, or similar device that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.

KNOWINGLY

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 conduct of a minor in their custody, when they have knowledge of the individual's actions that are not in compliance of this chapter.

MINOR or JUVENILE

Shall be used interchangeable and means any person under the age of 17, any person less than 17 years of age or any person who has not celebrated his or her 17th birthday.

OWNER

The owner of record of the property as set forth in the records of the Tax Assessor for the Township of Nutley.

PARENT

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:

Natural or adoptive parents;

Legal guardians;

A person who stands "in loco parentis;"

A person to whom legal custody has been given by court order.

PUBLIC PLACE

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 use for public transportation, parking lot or any other parking, public building, structure or any municipal parking signs, etc., or area.

TOWNSHIP

Township of Nutley, New Jersey.

§ 388-5 Prohibited acts.

The following acts are prohibited:

No person shall willfully or maliciously damage, deface or vandalize any public, or private property by painting, writing, drawing or otherwise in subscribing 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 marking 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.

It is unlawful to aid anyone in defacing public or private property.

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 the public building, property or private property, absent express permission to the contrary.

§ 388-6 Parental responsibility.

It is unlawful for a parent as defined in § 388-4 having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in his or her control to place graffiti on any private or public property as defined in § 388-4.

§ 388-7 Enforcement procedures.

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 in accordance with § 388-5, indicating the circumstances under which the juvenile was found to be in violation of this article.

If the minor has been convicted of violating this article 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 section.

§ 388-8 Special account; removal of graffiti.

Seventy percent of each fine collected pursuant to this chapter shall be placed in a special account to be used as assistance to property owners for removing graffiti and to purchase necessary equipment to perform the cleaning. The remaining 30% of the fees shall be deposited into the general fund of the Township.

The occupant, lessee, agent and/or landlord of any commercial premises 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, lease, agent/or landlord by the Chief of Police (or his designee) to remove same.

§ 388-9 Payment of reward.

A reward of $250 shall be paid to any person who provided information or assistance leading to the apprehension and conviction of any person violating this article. This reward shall be payable after conviction out of a fund established for this person, but no reward shall be paid to any public employee whose duty is to investigate or enforce this article. The Chief of Police is authorized to grant such reward with the consent of the municipal Council, and the reward shall only be given upon notification by the Municipal Court that the matter has been adjudicated.

§ 388-10 Violations and penalties.

Any person who violates any of the provisions of this article shall, upon conviction thereof, be punished by one or more of the following penalties:

(1)

A fine not less than $500 and not exceeding $1,000;

(2)

Imprisonment not to exceed 90 days.

If, after the receipt of a warning notice pursuant to § 388-7 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 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 section, if it is adjudged that both the juvenile and the juvenile's parent violated this article, shall be required to perform the community service together with the juvenile.