[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 3-4-2008 by Ord. No. O:2008-04. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials cleanup — See Ch. 342.
Littering — See Ch. 369.
Public health nuisances — See Ch. 393.
Property maintenance — See Ch. 447.
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:
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 written consent of the owner.
GRAFFITI
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.
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 of 1/4 inch or greater.
MINOR
Any person under the age of 18 years.
OWNER
The owner of record of the property as set forth in the records of the Tax Assessor for the Town of Phillipsburg.
PARENT
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. 
Natural or adoptive parent;
B. 
Legal guardians;
C. 
A person who stands in loco parentis;
D. 
A person to whom legal custody has been given by court order.
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.
A. 
Adult violators. Any adult who violates any of the provisions of this chapter, excluding a parent of a minor who violates any of the provisions of this chapter, shall, upon conviction thereof, be punished in accordance with the general penalty provision set forth in Chapter 1, Article II.
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.
(1) 
In addition to the penalty provision set forth in Chapter 1, Article II, if it is adjudged that both the minor and the minor's parent(s) violated this chapter, they shall be required to perform community service together.
(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.