[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 4-19-2012 by Ord. No. 2012-11. Amendments noted
where applicable.]
The use of broad-tipped pens, paint, spray cans, pencils, pens,
crayons or other marking devices to write graffiti on the walls or
other spaces of public or private buildings, vehicles, areas or facilities
causes serious defacement of such buildings, vehicles and areas, public
and private, and contributes to the deterioration of property values.
Such practices exhibit a contempt for the property rights of private
citizens as well as governmental authority, contribute to an erosion
of respect for authority and depreciate the quality of life in the
community.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any unsightly, offensive or defacing writings or
other written or pictorial matter by any method or device and of any
content which contributes to the defacement of real or personal property
and which contributes to the ugliness and unsightliness of its object,
space, area or community and which is detrimental to the attractiveness,
neatness and good order of the municipality.
A.
The writing or placing of any written or pictorial graffiti, writings,
pictures or other markings whatsoever by any defacing whatsoever,
including but not limited to pens, spray cans, pencils, crayons, paint,
chalk or any other method or substance whatsoever, on any public or
private real or personal property, or a mixture of both, without the
express knowledge and consent of the owner is prohibited.
B.
The marking or defacing of any property, real, personal or mixed,
by an owner thereof in such a manner as to constitute graffiti is
likewise prohibited.
C.
Any parent, guardian or custodian in charge of a minor who is convicted
of violating this chapter who has neglected to properly supervise
such minor shall be presumed to have aided and assisted, allowed and/or
permitted said minor in violation of the provisions of this chapter.
D.
It shall be unlawful for any person who applied graffiti not to remove
the same within 24 hours of its application. Parents shall be responsible
for the costs of removal when the graffiti has been applied by his
and/or her minor child. To the extent otherwise permissible by law,
should community service be ordered by the Municipal Court of the
Borough of Wallington or the Family Part of the Superior Court, the
parents and child shall both be involved in said community service
project.
In the enforcement of this chapter, all persons directly or
indirectly involved shall be as equally responsible and guilty as
the individual who actually defaces the object or area. Any individuals
who encourage and participate in such activity, as well as individuals
who make available the tools, writing materials, ladders, lookouts,
material or assistance, or who knowingly supply funds to acquire materials
for such purposes, including parents and friends, shall be equally
guilty and liable for punishment under this chapter.
A.
It shall be the duty and responsibility of all property owners to
keep the exterior of their premises and structures free of all nuisances
and hazards, including, without being limited to, all graffiti on
the outside of their premises. Any property owner upon whose property
graffiti is placed shall be required to remove the same within 30
days of having received written notice from the Borough of Wallington
of said condition and the requirement of removal. The failure to cause
said removal shall be deemed a violation of this chapter.
B.
A violation of the within provision shall only be deemed to exist
upon the occurrence of the following:
(1)
The owner of the property is provided with written notice from the
Borough in accordance with the preceding subsection; and
(2)
The owner fails to remove the graffiti after having received such
notice; or
(3)
The owner fails to provide the Code Enforcement Officer access to
the property for the purpose of removal in accordance with this chapter.
A.
Subject to the provisions of this chapter, the Code Enforcement Officer
and/or Borough Administrator is hereby authorized to hire an independent
contractor, if necessary, to remove graffiti from publicly and privately
owned structures. Prior to causing the removal, however, the Code
Enforcement Officer shall make a finding that a graffiti or other
inscribed material is obnoxious and comes within the intent and purpose
of this chapter. The property owner shall be provided with the opportunity
to first remove the same. The property owner shall be required to
grant the Borough consent to remove the graffiti and consent to enter
upon the premises in order to complete the removal.
B.
Notwithstanding anything set forth herein to the contrary, the property
owner, if he or she fails to remove the graffiti voluntarily, shall
be responsible for all reasonable costs incurred by the Borough of
Wallington for such removal, including the manpower costs to be calculated
by the Borough Administrator, whose determination as to the cost shall
be deemed final.
The Borough Council hereby authorizes the Borough Administrator
to provide for a reward in the amount of $500 leading to the identification,
apprehension and conviction of any person who applies graffiti within
the Borough of Wallington.
The provisions of this chapter may be enforced by the Police
Department, the Department of Public Works, the Board of Health, the
Property Maintenance Department or the Building Department of the
Borough of Wallington.
A.
Any person found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, Article II, General penalty, of this Code, in the discretion of the Municipal Court Judge. A separate offense shall be deemed committed on each day on which a violation occurs.
B.
In addition, the Municipal Court Judge is urged to require appropriate
corrective measures and restitution by requiring the offender to remove
the graffiti under the supervision of such municipal employee or other
person designated by the Court.
C.
Any minor child under the age of 18 years shall be brought before
the Superior Court, Chancery Division, Family Part, and shall be subject
to the penalties provided by said Court.
This chapter shall not be construed to prohibit easily removable
chalk markings on public sidewalks or streets in connection with traditional
children's games or any lawful business or public purpose or
activity.
