[HISTORY: Adopted by the Township Council of the Township
of Logan 6-17-2008 by Ord. No. 14-2008. Amendments noted where applicable.]
No person shall purposely or knowingly vandalize, deface, destroy
or otherwise damage the property of another, including any public
or quasi-public property, by painting, writing, drawing or otherwise
inscribing in any fashion or materials what is commonly known as "graffiti."
For the purposes of this chapter, "graffiti" shall include any form
of painting, writing or inscription, regardless of the intent of the
content or communication of same or the nature of the materials used
in the commission of the act.
Within seven days after written notice by any Township Code
Officials or Township Police, the owner, operator, tenant or agent
of any commercial or residential buildings within the Township which
have any form of graffiti on any building or accessory structure shall
be required to restore the defaced surface by removing the graffiti
or repainting the defaced surface using the same color paint as existed
previously on the defaced surface or provide the Township Code Official
with documented arrangement to do same.
If such graffiti condition is not cured or corrected within
seven days after written notice by the Township Code Officials or
the Township Police, the Township shall have the right to issue a
summons and to enter upon the premises to remove the graffiti and/or
repaint the premises as set forth above, and the cost of the removal
of the graffiti and/or repainting shall be at the sole cost and expense
of the owner, operator or agent of such building or structure or accessory
building or structure. The actual cost of the removal of the graffiti
and/or repainting, plus the cost of the inspection of the graffiti
and/or repainting, and other costs incidental to such removal shall
be certified by the Code Officials to the Township Council and thereafter,
as certified, become a lien upon the real property upon which the
graffiti was found.
If, at the time of the offense charged, any persons shall be
under the age of 18 years, the Juvenile Domestic Relations Court shall
have exclusive jurisdiction of the trial of such minor or minors,
and such minor or minors shall be surrendered to the Family Part of
the Superior Court, and the case, including all papers and process
thereto, shall be transferred to said Court as provided in N.J.S.A.
2C:4-11.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person, having legal custody of a minor under 18 years of age, who fails or neglects to exercise reasonable supervision and control of such minor shall be liable in a civil action for any destruction or damage caused by such minor offender under § 99A-1 above.
Upon the written recommendation of the Police Chief and/or the Director of Public Works, the Mayor and Council may authorize the payment of a reward of $100 to any person who provides information or assistance leading to the apprehension and conviction of any person violating § 99A-1. No reward shall be paid to any public employee by color of his or her office and/or while performing his or her duties under apparent or official capacity.
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be subject to imprisonment not exceeding
90 days or to a fine not exceeding $1,000 at the discretion of the
Municipal Court. As a condition of sentencing, the Municipal Court
shall have the authority to order that the offender be responsible
for cleaning, repairing, painting or otherwise restoring the damaged
property to the condition it was in prior to being damaged. In the
event that the offender is unable, for any reason, to comply with
the above, the Municipal Court shall have the authority to order that
said offender make the necessary monetary restitution to restore the
property to its original undamaged condition.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
