[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 3-4-2008 by Ord. No. O:2008-04. Amendments noted where applicable.]
The purpose of this chapter is to insure the
health, safety and welfare of the community by providing a mechanism
in which individuals may be prosecuted for defacing public and private
property, and by requiring the removal of any graffiti from any private
or public property in a timely manner.
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 written consent of the owner.
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn or painted on any building,
structure, fixture, fence, gate, roadway, tree or other real or personal
property either publicly or privately owned, without the written consent
of the owner of the property.
Any felt-tip marker, china marker or similar device that
is not water soluble and which has a flat or angled writing surface
of 1/4 inch or greater.
Any person under the age of 18 years.
The owner of record of the property as set forth in the records
of the Tax Assessor for the Town of Phillipsburg.
Any person to whom legal custody of a minor 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 minor and shall include:
A.
No person shall purposefully, willfully or knowingly
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.
B.
It shall be unlawful for any person to possess a spray
paint container or indelible marker on any public or private property,
without the written consent of the owner of such property, with the
intent to use the same to deface said public or private property.
A.
No parent or guardian of a minor shall knowingly permit
or by inefficient or lack of control allow such minor in their control
to engage in actions that place graffiti on or otherwise deface any
public or private property.
B.
Any act in violation of the provisions of this chapter
committed by a minor under the age of 18 years shall be imputed to
that minor's parent or legal guardian. A parent or guardian of a minor
who violates any provision of this chapter shall be liable for payment
of any fines and the expense of restoration.
C.
Any minor found by a police officer or reported by
a private citizen to be in violation of this chapter shall be brought
to the nearest police station, where the minor shall be released to
his/her parent or guardian. The parent or guardian shall be immediately
notified and required to report to police headquarters to procure
the minor.
D.
If the minor has been convicted of violating this
chapter on a prior occasion within one year 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
present violation of this section and shall be subject to the penalties
set forth in this chapter.
B.
Minors and/or parent violators. Any parent having the care or custody of a minor found to be in violation of this chapter shall be subject to prosecution under this chapter and shall be punished in accordance with the general penalty provision set forth in Chapter 1, Article II.
(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
a violation of this chapter.
(3)
If a minor has been found to violate this chapter on three occasions within a six-month period, the minor as well as the parent having care and custody of the minor shall receive a summons and complaint from the police officer who apprehended the minor for a violation of this chapter. Any minor who violates any of the provisions of this chapter as set forth in § 335-3 on three occasions within a six-month period 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 Attorney or their designee may proceed to file such charges with the Superior Court of New Jersey, Family Part, as he or she may deem appropriate.
(4)
In addition to any other penalty imposed by the court,
any person convicted of a violation of this chapter may, at the discretion
of the Judge of the Municipal Court, be required to pay to the owner
of the defaced property monetary restitution in the amount of the
pecuniary damage caused by the act of graffiti or, as part of such
person's community service, be required to remove the graffiti from
the property.
A.
The owner as well as any occupant, lessee, agent and/or
landlord of any privately or publicly owned premises which has any
form of graffiti on any building or structure shall be required to
remove the graffiti or repaint the defaced surface within 20 calendar
days after receiving written notice sent regular mail and certified
mail, return receipt requested, by the Town, Chief of Police, or their
designee, to remove such graffiti. However, the State Department of
Transportation shall be afforded 120 days from the date the written
notice is mailed to remove the graffiti from property owned by the
Department.
B.
Any owner that fails to remove the graffiti within
20 calendar days of receiving written notice to remove such graffiti
shall be subject to a penalty of $20 per day, starting on the 21st
calendar day after receiving notice. If after 30 calendar days (including
the initial 20 calendar days), the graffiti is not removed, the penalty
shall increase to $50 per day, starting on the 31st day.
C.
The penalties set forth in this section shall be imposed
against the owner of the property wherein such violation occurs. Failure
of the property owner to pay the penalties imposed shall result in
the charges being placed as a municipal lien upon the property as
permitted by statute.
D.
If after 60 calendar days from receiving written notice
to remove such graffiti (including the initial 20 calendar days) the
owner fails to remove the graffiti, then pursuant to the provisions
of N.J.S.A. 40:48-2.12f, or any successor statute, the Town shall
have the right to issue a summons and to enter the premises to remove
the graffiti and/or repaint the premises at the sole cost and expense
of the owner. The property owner will thereafter be provided with
a detailed itemization of the costs and expenses incurred by the Town
which shall be paid by the owner. Failure of the property owner to
pay the cost and expense incurred by the Town for the removal of the
graffiti shall result in the charges being placed as a municipal lien
upon the property as permitted by statute.
E.
The Town retains the ability to assist the property
owner when the public is substantially affected by repeated graffiti.
The notice to remove graffiti shall contain
a form to be utilized by the property owner to inform the Town that
the graffiti has been removed and shall contain a certification stating
that, by affixing a signature to the form indicating that the graffiti
has been removed, the owner is certifying that the facts set forth
therein are true and that the certification shall be considered as
if made under oath and subject to the same penalties as provided by
law for perjury. The notice shall also detail the possible penalties
imposed for noncompliance with the notice to remove graffiti.
