The Mayor and Council of the Town of Clinton
hereby find and declare that graffiti is detrimental to the health,
safety and welfare of the community and that there is a perception
in the community that the laws protecting public and private property
can be disregarded with impunity. This perception fosters a sense
of disrespect of the law that results in an increase of crime, is
detrimental to the property values of the community, degrades the
community and is inconsistent with the Town's property maintenance
goals and aesthetic standards.
A. Graffiti results in visual pollution and is hereby
deemed a public nuisance.
B. It is the purpose of this chapter to provide a mechanism
in which individuals may be prosecuted for defacing public and private
property.
As used in this chapter, 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
Includes 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 his or her custody, when
he or she has knowledge of an individual's actions that are not in
compliance with this chapter.
MINOR or JUVENILE
Used interchangeably and shall mean 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 Town.
PARENT
Any person to whom legal custody of a juvenile has been given
by court order or who is acting in the place of the parent or is responsible
for the care and welfare of the juvenile and shall include:
A.
Natural or adoptive parents.
C.
A person who stands in loco parentis.
D.
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 used for public transportation, parking lot or any
other parking area, public building, structure or any municipal parking
signs, etc., or area.
TOWN
The Town of Clinton, Hunterdon County, New Jersey.
The following acts are prohibited.
A. No person shall willfully or maliciously damage, deface
or vandalize any public or private property by painting, writing,
drawing or otherwise inscribing in any fashion 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
markings 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. It shall be unlawful to aid anyone in defacing public
or private property.
C. 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 the same to deface said public building, property
or private property, absent express permission to the contrary.
It should be unlawful for a parent as defined in §
83-2 of this chapter 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 §
83-2 of this chapter.
All fines collected shall be placed in a special
account to be used as assistance to homeowners for removing graffiti,
not to exceed 70% of the total cost. (It is presumed that 30% of the
fees collected are needed to defray court costs.) This account will
also be used to purchase graffiti cleaning equipment.
A reward of $250 shall be paid to any person
who provides information or assistance leading to the apprehension
and conviction of any person violating this chapter. This reward shall
be payable after conviction out of a fund established for this purpose,
but no reward shall be paid to any public employee whose duty it is
to investigate or enforce this chapter. This Chief of Police is hereby
authorized to grant such reward with the consent of the Mayor and
Council, and said reward shall only be given upon notification by
the Municipal Court that the matter has been adjudicated.