[HISTORY: Adopted by the Board
of Commissioners of the Township of Nutley as indicated in article
histories. Amendments noted where applicable.]
[Adopted 10-16-1984 by Ord. No. 2129 (Ch.
173, Art. IV, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
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.
Any person under the age of 18 years.
A.Â
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.
B.Â
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.
C.Â
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.
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.
[Adopted 4-18-2006 by Ord. No. 2944 (Ch.
173, Art. V, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
The owner of record of the property as set forth in the records
of the Tax Assessor for the Township of Nutley.
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:
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 of Nutley, New Jersey.
The following acts are prohibited:
A.Â
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.
B.Â
It is unlawful to aid anyone in defacing public or
private property.
C.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
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.
B.Â
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.