[HISTORY: Article I adopted by the Township Committee (now
Council) of the Township of Jackson as indicated in article histories.
Subsequent articles adopted by the Township Council as indicated in
article histories. Amendments noted where applicable.]
[Adopted 8-14-1995 by Ord. No. 30-95 (Ch. 64, Art. I, of
the 1972 Code)]
The purpose of the within article is to recognize that graffiti
on public or private property is an aesthetic, blighting factor which
not only depreciates the value of property but also the value of adjacent
and surrounding properties and the community as a whole. The Township
Committee intends to provide for the prohibition of the placement
of graffiti on public or private property.
As used in this article, the following terms shall have the
meanings indicated:
The unauthorized inscribing, spraying of paint or marking
of ink, chalk, dye, paint, crayon or other similar substances on buildings,
structures, vehicles, equipment, places and similar things or locations.
A.Â
It shall be unlawful for any person to paint, mark, chalk or otherwise
apply graffiti or other inscribing materials on buildings, structures,
vehicles, equipment, places or other similar locations or things within
the Township without the consent of the owner of said property.
B.Â
It shall be unlawful for any person to have in his or her possession
any aerosol spray can containing any substance commonly known as "paint"
or containing any other opaque liquid capable of being propelled by
an aerosol can while on or about public property or on or about private
property without the consent of the owner of such property and to
willfully use such aerosol spray can or allow the same to be used
to write, paint or draw any inscription, figure or mark of any type
on any building, public or private, without the express permission
of the owner or operator of such property.
C.Â
Any unlawful conduct of a minor resulting from the unauthorized application
of graffiti to the property of another shall be imputed to the parent
or guardian having custody of the minor. A parent or guardian having
custody of a minor found guilty under the provisions of this section
shall be liable for any penalties being financial or by community
service. This subsection shall be applied in the sole discretion of
the Judge hearing said matter.
The Township of Jackson hereby establishes a reward not exceeding
$100 for the detection and apprehension of any person guilty of purposely
or knowingly damaging tangible property of another by an act of graffiti
in violation of the within article. The reward is to be payable after
conviction out of those funds of the municipality made available therefor.
The reward shall be paid to any person who the governing body, acting
upon the recommendation of the municipal Chief of Police or other
principal law enforcement officer, may deem entitled thereto, but
no reward shall be paid to any public employee whose duty it is to
investigate or to enforce the law or to the employee's spouse,
child or parent, living in the same household.
[Adopted 9-27-2011 by Ord. No. 28-11 (Ch. 64, Art. II, of
the 1972 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any drawing, painting or making of any mark or inscription
on public or private real or personal property without the permission
of the owner.
No person shall place graffiti by any means on any building
or structure located in the Township of Jackson.
The owner of any building or structure located in the Township
upon which graffiti has been placed shall remove such graffiti immediately
from the building or structure.
If the property owner of the building or structure upon which
graffiti has been placed fails to remove the graffiti from the building
or structure, the Township shall notify the property owner by certified
and regular mail that such graffiti shall be removed from the building
or structure by the property owner within 90 days of the date of the
notice from the Township. Pursuant to N.J.S.A. 40:48-2.59, the State
Department of Transportation shall be afforded 120 days from the date
a notice is sent to remove graffiti from property owned by the Department.
The notice to remove graffiti shall contain a form to be utilized
by the property owner to inform the municipality that the graffiti
has been removed. The form shall contain a provision stating that
by affixing a signature to the form, indicating that graffiti has
been removed, the owner is certifying that the facts 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.
An owner who has been ordered to remove graffiti shall respond
to the municipality by personal delivery or by certified mail:
A.Â
Of any objection to the order, within 30 days of the date of the order; an owner who objects to an order to remove graffiti pursuant to § 222-9 of this article may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
B.Â
Of notice that the graffiti has been removed, 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.
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,
the municipality may remove the graffiti from that property and present
the property owner, via certified and regular mail, with a detailed
itemization of the costs incurred by the municipality, for reimbursement
from the property owner. If no payment of such reimbursement is received
within 30 days of the date of mailing of the itemized cost of removal,
the Township may recoup the costs of removal as follows:
A.Â
The municipal officer of the Township in charge of the removal of
said graffiti shall certify the cost thereof to the Mayor and Township
Council. Upon receipt and review of the certification of cost, the
Mayor and Township Council shall cause the cost as shown thereon to
be charged against the property from which said graffiti was removed.
B.Â
In addition to assessing the cost of such removal as a municipal
lien against the premises, the Township may enforce the payment of
such assessment, together with interest, as a debt of the owner of
the premises and may authorize the institution of an action at law
for the collection thereof in the Superior Court in accordance with
N.J.S.A. 40:48-1.
A.Â
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $2,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the
discretion of the Municipal Court Judge. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.Â
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
