The Borough Council of the Borough of Clayton hereby finds and
declares that graffiti is detrimental to the health, safety and welfare
of the community and that there is a perception in the community that
the laws protecting public and private property can be disregarded
with impunity. This perception fosters a sense of disrespect of the
law that results in an increase of crime, is detrimental to the property
values of the community, degrades the community, and leads to urban
blight and is inconsistent with the Borough of Clayton's property
maintenance goals and aesthetic standards. Graffiti results in visual
pollution and is hereby deemed a public nuisance. It is the purpose
of this chapter to provide a mechanism in which individuals may be
prosecuted for defacing public and private property.
As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Clayton, New Jersey.
DEFACE
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.
GRAFFITI
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.
INDELIBLE MARKER
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.
KNOWINGLY
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 responsibility through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conduct of a minor in his or her custody, when
he or she has knowledge of the individual's actions that are
not in compliance with this chapter.
MINOR or JUVENILE
Used interchangeably and shall mean 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.
OWNER
The owner of record of the property as set forth in the records
of the Tax Assessor for the Borough of Clayton.
PARENT
Any person to whom legal custody of a 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:
A.
Natural or adoptive parents.
C.
A person who stands in loco parentis.
D.
A person to whom legal custody has been given by court order.
PUBLIC PLACE
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 used 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 shall be 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 the same to deface said public building, property
or private property, absent express permission to the contrary.
It shall be should be unlawful for a parent as defined in §
62-2 of this chapter having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in his or her control to place graffiti on any private or public property as defined in §
62-2 of this chapter.