[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 2-13-2007 by Ord. No. 2-07. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Westville, New Jersey.
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature without the express consent of the owner.
Any form of inscription, word figure, marking or design that
is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
including, by way of example only and without limitation, fencing
surrounding construction sites, whether public or private, without
the consent of the owner of the property or the owner's authorized
agent, which is visible from the private right-of-way.
Any felt-tip marker, china marker, or similar device that
is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the marking of graffiti. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental respectability through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conduct of a minor in their custody when they
have knowledge of the individual's actions that are not in compliance
of this chapter.
Shall be used interchangeably and means any person under
the age of 17, any person less than 17 years of age or any person
who has not celebrated his or her 17th birthday.
The owner of record of the property as set forth in the records
of the Tax Assessor for the Borough of Westville.
Any person to whom legal custody of the juvenile has been
given by court order or who is acting in the place of the parent or
is responsible for the care and welfare of the juvenile and shall
include:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
The following acts are prohibited:
A.
No person shall willfully or maliciously damage, deface, or vandalize
any public or private property by painting, writing, drawing or otherwise
inscribing in any fashion graffiti thereon without the express permission
or consent of the owner. However, this prohibition shall not apply
to easily removable (which are water soluble) chalk markings on public
sidewalks or streets, written or drawn in connection with traditional
children's games, or in any lawful business or public purpose
or activity.
B.
It is unlawful to aid anyone in defacing public or private property.
C.
No person shall possess a spray container or indelible marker in
any public place or on any public facility or private property with
the intent to use same to deface the public building, property or
private property, absent express permission to the contrary.
Any person in violation of any of the provisions of this chapter shall, upon conviction thereof before the Municipal Court Judge of the Borough of Westville, be punished as set forth in Chapter 1, Article I, § 1-15, General penalty, including not less than 100 hours of graffiti removal, in the discretion of the Municipal Court Judge. In addition, the 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 Court shall have the authority to order that such offender make the necessary monetary restitutions to restore the property to its original undamaged condition.
If, at the time of the offense charged, any persons shall be
under the age of 18 years, the Superior Court, Law Division, Family
Part, shall have exclusive jurisdiction of the trial of such infant
or infants, and such infant or infants shall be surrendered to the
Superior Court, Law Division, Family Part, and the case, including
all papers and process thereto, shall be transferred to that Court
as provided in N.J.S.A. 2C:4-11.
Pursuant to N.J.S.A. 2A:53A-15, any parent or guardian having legal custody of an infant under 18 years of age who fails or neglects to exercise reasonable supervision and control of such infant shall be liable in a civil action for any destruction or damage caused by such infant under § 187-2 above.
A.
The record owner of the property which has any form of graffiti on
any building or structure shall be required to either restore the
defaced surface by removing the graffiti or repaint the defaced surface
within 90 business days after receipt of notice by certified and regular
mail by the Borough to remove same. In the event that notice is sent,
however, to the Department of Transportation, it shall be afforded
120 days from the date that notice is sent to remove graffiti on property
owned by the Department. The notice to remove graffiti to the owner
of property shall contain a form to be utilized by the property owner
to inform the municipality that the graffiti has been removed. The
form should contain a provision stating that by affixing the property
owner's signature to the form, indicating that the graffiti has
been removed, the owner of the property is certifying that the facts
as 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.
B.
An owner who has been ordered to remove graffiti shall respond to
the Borough by personal delivery or by certified mail of:
C.
An owner who objects to an order to remove graffiti pursuant to this
chapter may institute an action challenging the order before a court
of competent jurisdiction within 60 days of the date of the order.
D.
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 Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending pursuant to Subsection C of this section, the municipality may remove the graffiti from the property and present the property owner with a detailed itemization of costs incurred by the Borough, by certified and regular mail, for reimbursement from the property owner.
E.
Whenever the Borough undertakes the removal of graffiti from any
building, structure or other exposed surface, the governing body of
the Borough, 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.
