The Municipal Council of the Borough of Hawthorne finds and
declares that the defacing of public and private property by what
is commonly referred to as "graffiti" does contribute to the degradation
of blight of neighborhoods within the Borough of Hawthorne and that
graffiti upon private and public property constitutes a nuisance which
endangers the public health, safety and welfare. Left uncontrolled,
such graffiti encourages additional graffiti and results in blighting
conditions and a reduction in property values. The Municipal Council
further finds and declares that the prompt removal of graffiti is
the responsibility of all property owners.
As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
Any writing, drawing, marking, symbol or the like placed upon any real or personal property, whether private property or public property, by using paint, spray paint, aerosol paint, markers, chalk, dyes or any other substance or method without the consent or authorization of the owner of the property. "Graffiti" shall not mean 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 Chapter
540, Zoning, Article
XVIII, Signs, of the Code of the Borough of Hawthorne or the occasional and temporary marking of public streets or sidewalks with chalk for traditional children's games.
MINOR
Any person under the age of 18 years.
WIDE FELT-TIP MARKERS
A marking pen or instrument of which the surface used for
writing or marking purposes is equal to or greater than 1/8 of an
inch.
Except as herein provided to the contrary, the violation of
any provision of this chapter shall be punished by one or more of
the following:
A. Imprisonment in the county jail or at any place provided for the
detention of prisoners for any term not exceeding 90 days;
B. By a fine not exceeding $2,000; or
[Amended 11-7-2007 by Ord. No. 1917-07]
C. By a period of community service not exceeding 90 days.