[HISTORY: Adopted by the Township Committee of the Township of Harrison 10-20-2008 by Ord. No. 30-2008. 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 Committee 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 § 128-1 above.
Upon the written recommendation of the Police Chief and/or the Director of Public Works, the Mayor and Committee 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 § 128-1. No reward shall be paid to any public employee by color of their office and/or while performing their 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.