Borough of Palmyra, NJ Chapter 134 Graffiti

[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 12-27-2006 by Ord. No. 2006-27. Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 164.

Peace and good order — See Ch. 195.

Property maintenance — See Ch. 203.

§ 134-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GRAFFITI

Any drawing, painting or making of any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property. "Graffiti" shall also mean any drawing, painting, marking, or inscription placed by the owner or allowed to be placed by the owner on private, real or personal property that constitutes a public nuisance as determined by the governing body.

§ 134-2 Prohibited acts.

A. No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor under the age of 18 years unless the minor is accompanied by a parent or legal guardian at the time of purchase or transfer.

B. All persons offering for sale spray paint in pressurized containers shall restrict access to such items from the public by placing them behind a locked counter cabinet or other storage facility so that access to them cannot be gained without them being unlocked by an authorized person. All persons offering for sale markers shall keep the markers in a location where they can be in constant view of the employee, agent or other authorized representative of the person selling the markers.

C. No minor under the age of 18 years shall, at the time of purchase or transfer of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including, but not limited to, a motor vehicle operator's license, a registration certificate under the Federal Selective Service Act, an identification card issued to a member of the armed forces, or any document issued by a federal, state, county or municipal government.

D. No person shall possess a spray paint container or indelible marker in any public building, or upon any public facility or private property, with the intent to use same to deface the public building, facility or private property absent express permission to the contrary. Anyone found to be in possession of a spray paint container, or liquid paint in cans or other containers or an indelible marker in any public building or upon any public facility or private property with no lawful purpose shall be presumed to have possession of same with the intention of using such container, marker, can, or paint to deface the building, facility or property.

E. No person shall deface any real or personal property, be it public or private, by placing written or pictorial graffiti, writings or other markings thereon without the express knowledge and consent of the owner; however, this prohibition shall not apply to easily removable chalk markings on public sidewalks or streets written or drawn in connection with traditional children's games or any lawful business or public purpose or activity.

F. It shall be unlawful to aid anyone in defacing public or private property.

§ 134-3 Owner's obligations.

A. In the event that any owner of record of any real or personal property has graffiti on such real or personal property, the Code Enforcement Officer, the Zoning Official, any police officer or anyone designated by the governing body shall order the owner in writing to remove the graffiti by certified and regular mail. Any such order shall afford the owner the opportunity to remove the graffiti within 90 days from the date that the notice is sent, except that if the New Jersey Department of Transportation ("NJDOT") is the owner, it shall be afforded 120 days from the date a notice is sent to remove graffiti from any property owned by NJDOT.

B. The notice to remove graffiti shall contain a form to be utilized by a property owner to inform the Borough that the graffiti has been removed. The form shall contain a provision stating that, by affixing a signature to the form indicating that 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.

C. An owner who has been ordered to remove graffiti shall respond to the municipality by personal delivery or by certified mail:

(1) Of any objection to the order, within 30 days of the date of order; or

(2) Of notice that the graffiti has been removed, within 90 days of the date of the order, or in the case of the NJDOT, within 120 days of the date of the order.

D. An owner who objects to an order to remove graffiti, pursuant to § 134-3A, may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.

E. If a property owner does not undertake the removal of graffiti within 90 days of the date of the order, or in the case of the NJDOT, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending pursuant to Subsection D of this section, the municipality may remove the graffiti from that property and present the property owner with a detailed itemization of the costs incurred by the municipality, by certified and regular mail, for reimbursement from the property owner.

F. Whenever a municipality undertakes the removal of graffiti from any building, structure or other exposed surface, the governing body of the municipality, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction of any such action.