The act of graffiti, defined as the drawing, painting or making
of any inscription on a bridge, building, public transportation, vehicle,
rock wall, sidewalk, street or other exposed surface on public and
private property without permission of the owner is currently prohibited
under N.J.S.A. 2C:17-3 relating to criminal mischief. The Council
finds that the existence of graffiti constitutes a public nuisance
which results in blighting conditions and a decline in property values
and is otherwise inimical to the public health, safety and welfare.
The Council further finds and declares that the regulation of the
sale to, purchase by or possession by minors of spray paint and markers
is necessary to control and prevent acts of graffiti within the City
of Englewood.
As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
Any letters, numbers, word or words, writing, inscription, symbol, drawing, carving, etching or other marking of any nature, other than any words, letters, symbols, logos, or numbers which convey information, an announcement, a direction or an advertisement which are in compliance with the regulations concerning signs as set forth in Article
XV, Signs of Chapter
250, Land Use, on any exposed surface on public or private property or which defaces, obliterates, covers, alters, damages, mars or destroys public or private property; provided, however, that it shall not include the occasional and temporary marking of public streets or sidewalks with chalk for traditional children's games.
INDELIBLE MARKER
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.
MINOR
A person under the age of 18 years.
SPRAY PAINT CONTAINER
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.
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 convicted of any violation under this chapter
shall be subject to a fine not less than $100 nor more than $1,000,
imprisonment for a term not to exceed 90 days, or both.