The ordinances of the Borough of Lodi are hereby amended by adding thereto a new chapter, which said chapter is designated Chapter 283, "Graffiti; Sale of Spray Paint Containers and Indelible Markers" and shall read as follows.
[HISTORY: Adopted by the Borough Council of the Borough of Lodi 2-21-1995 by Ord. No. 195-21. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 209.
Graffiti on buildings and tangible personal property has resulted in damage and defacing of public and private property and has contributed to the degradation and blight of neighborhoods and private and public places and facilities. The easy application and accessibility of spray paint and indelible markers has facilitated their misuse and hinders enforcement agencies in prevention and apprehension.
As used in this chapter, the following terms shall have the meanings indicated:
Any letters, numbers, word or words, writing, inscription, symbol, drawing, carving, etching or other marking of any nature whatsoever which defaces, obliterates, covers, alters, damages, mars or destroys the real or personal property of another. It shall not include the occasional marking of the public sidewalks or streets with chalk for traditional children's games.
Any felt-tip marker, china marker or similar device or implement that contains a fluid which is not water-soluble and which has a flat or angled writing surface 1/2 inch or greater.
A person under 18 years of age.
Any container or other device which contains paint or other pigmented substance, which is intended to expel the paint or pigment without the aid of additional devices or substances, and includes an aerosol spray paint can, as it is commonly known.
A.
No person shall, without the prior consent of the owner, place, write, paint, draw, figure, inscribe or mark or cause any graffiti to be placed upon any public property or the real or personal property of another.
B.
No person or entity shall sell, offer for sale or transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of the purchase or transfer.
C.
No minor shall knowingly present or furnish false or fraudulent evidence of his or her age to secure the purchase or transfer of any spray paint container or indelible marker.
D.
No person shall possess a spray paint container or indelible marker in any public building, public facility, or private property with the intent to use same to deface a public building, public facility or private property, absent express permission to the contrary.
E.
Any parent, guardian or custodian in charge of a minor who is convicted of violating this chapter, who has neglected to properly supervise such minor, shall be presumed to have aided and assisted, allowed and/or permitted said minor in violation of the provisions of this chapter.
F.
Any and all graffiti, as defined hereinabove, shall be removed by the responsible and/or offending party within five days of any discovered violation of the within chapter. Failure to remove the said graffiti within such time period shall be construed as a violation of the provisions of this chapter.
[Added 12-21-1998 by Ord. No. 198-15]
[Added 12-21-1998 by Ord. No. 198-15]
The chapter shall be enforced by and through the joint efforts of the Police Department, the Construction Code Official, the Property Maintenance Code Official and the Zoning Officer of the Borough of Lodi. All violations and/or activities emanating from the enforcement of this chapter by any of the enforcing agencies set forth herein shall be reported in writing to the Department of Building and Inspections within five days of the generation of any such appropriate report.
[Amended 1-19-2021 by Ord. No. 2020-30
A.
Unless jurisdiction for an offense hereunder shall be vested in the Superior Court of New Jersey, Chancery Division, Family Part, pursuant to N.J.S.A. 2A:4A-20 et seq. (New Jersey Code of Juvenile Justice), any person, firm, corporation, or other entity violating any of the provisions herein shall, upon conviction thereof, be subject to a fine of $100 for the first offense, and the following additional penalties if occurring in the same calendar year as the first offense: $250 for the second offense, $1,000 for the third offense, $2,000 for the fourth offense plus community service in the discretion of the court for a period not to exceed 90 days.
B.
All fines collected hereunder shall be deposited into a Clean Community Trust Account established by the Borough of Lodi.
C.
The foregoing fines and penalties shall be in addition to requiring that said person, firm, corporation, or other entity restore the property which is the property of the graffiti or make monetary restitution therefor. A separate offense shall be deemed committed on each day on which a violation occurs.
Upon the written recommendation of the Chief of Police, the Mayor and Council may authorize payment of a reward of $100 to any person who provides information or assistance leading to the apprehension and conviction of any person violating this chapter. No reward may be paid to any public employee whose duty it is to investigate or enforce this chapter.
Within six months after the initial enforcement of this chapter, the Chief of Police shall review this chapter and report and make recommendations to the Mayor and Council concerning the effectiveness of and the continuing need for said ordinance. The Chief of Police's report shall specifically include the following information:
A.
The practicality of enforcing the ordinance and any problems with enforcement identified by the Police Department.
B.
The impact of the ordinance on crime statistics.
C.
The number of persons successfully prosecuted for a violation of this chapter.
D.
The Borough's net cost of enforcing the ordinance.