[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 9-9-2008 by Ord. No. 08-17. Amendments noted where
applicable.]
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.
As used in this chapter, 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.
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.
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.
The owner of record of the property as set forth in the records
of the Tax Assessor for the Town.
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:
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.
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.
A.
Any minor under the age of 17 years found by a police officer to be in violation of this chapter shall be brought to the police station, where the minor shall be released to his or her parent or guardian. The parent, as defined in § 83-2, shall be immediately notified and required to report to police headquarters to procure the juvenile.
B.
When a parent immediately called has come to take
charge of the juvenile and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If a
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities except
to the extent that, in accordance with police regulations promulgated
by the Chief of Police, approved in advance for juvenile authorities,
the juvenile may temporarily be entrusted to an adult, relative, neighbor
or other person who will, on behalf of the parent, assume responsibility
for caring for the juvenile pending availability of the parent or
guardian.
C.
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 notice from the Police Department indicating
the circumstances under which the minor was found to be in violation
of this chapter.
D.
If the minor has been convicted of violating this
chapter on a prior occasion within six months of the date of the present
violation, there shall be a presumption that, whenever a minor has
been convicted for a violation of this chapter, the parent or guardian
having care of the minor knew or should have known of the minor's
violation of this chapter.
A.
Adults who are not parents of offenders as defined in § 83-2 of this chapter. Any adult who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:
B.
Juveniles and/or parent violators as defined in § 83-4 of this chapter.
(1)
After the receipt of a warning notice pursuant to § 83-5C of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service of a period not to exceed 90 days and may be subject to a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this chapter, shall be required to perform community service together with the juvenile.
(2)
If a minor has been found to violate this chapter
twice within a six-month period, the minor shall receive a summons
and complaint from the police officer who apprehended the minor for
the violation of this chapter.
(3)
If a juvenile is found to be in violation of this
chapter on three occasions within six months, then the juvenile as
well as the parent having the care and custody of the minor shall
receive a summons and complaint for the violation of this chapter.
(4)
Any juvenile who violates any of the provisions of this chapter as contained in § 83-3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, Town Counsel or his or her designee may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.
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.
Requirement to remove graffiti. 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,
lessee, agent and/or landlord by the Chief of Police (or his designee)
to remove the same.
B.
Remedy. If said graffiti is not corrected within 30
business days after written notice is issued, then the Town shall
have the right to issue a summons and to enter the premises to remove
the graffiti and/or repaint the premises, and the cost of the removal
of the graffiti and/or repainting shall be at the sole cost and expense
of the occupant, lessee, agent and/or landlord of said building or
structure. The actual cost of the removal of the graffiti and/or repainting,
plus the cost of inspection of said graffiti and/or repainting and
other costs incidental to such removal, shall be certified by the
Business Administrator to the Mayor and Council and thereafter shall
be entered as a lien upon the real property upon which the graffiti
was found to be placed and shall be added to and become a part of
the taxes to be assessed against and levied on the real property,
and the same shall be collected and reinforced in the same manner
as taxes.
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.