[HISTORY: Adopted by the Borough of Rutherford Council 9-11-2012 by Ord. No.
3268-12. 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 and contributes to the deterioration of
property values. Such practices exhibit contempt for the property
rights of private citizens as well as governmental authority, contribute
to 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. This definition includes
all writings or other written or pictorial matter which is commonly
understood and accepted by a reasonable person as "graffiti" and is
not intended to infringe upon any protected artistic expression.
A.
The writing or placing of any graffiti 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.
To the extent permitted by law, 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
it within 24 hours of its application. To the extent permitted by
law, 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 Rutherford or the Family
Part of the Superior Court, the parents and child shall both be involved
in said community service project
In 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 graffiti within
a reasonable amount of time after the owner receives written notice
from the Borough of Rutherford of said condition and the requirement
of removal. A reasonable amount of time shall be determined by the
Code Enforcement Official based on the extent and volume of the graffiti,
and such amount of time shall be set forth in the notice served on
the property owner.
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 Official 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 Official
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 Official shall make a finding that the graffiti violates
the intent of this chapter. The property owner shall be provided with
the opportunity to first remove the graffiti. 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
Rutherford 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 governing body hereby authorizes the Borough Administrator
to provide for a reward up to $500 leading to the identification,
apprehension and conviction of any person who applies graffiti within
the Borough of Rutherford.
The provisions of this chapter may be enforced by the Police
Department, the Department of Public Works, the Health Department,
the Property Maintenance Department, or the Building Department of
the Borough of Rutherford.
A.
Any person found guilty of violating any of the provisions of this
chapter shall, upon conviction thereof, be subject to a fine of not
less than $100 and not more than $1,000, or imprisonment for a term
not to exceed 90 days, or both. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
B.
In addition, the Municipal Court 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.
In the event that any portion of this chapter is found to be
invalid for any reason by any court of competent jurisdiction, such
judgment shall be limited in its effect only to that portion of the
Ordinance actually adjudged to be invalid, and the remaining portions
of this chapter shall be deemed severable therefrom and shall not
be affected.
Any provisions of the Rutherford Code that are inconsistent
with the provisions of this chapter are repealed to the extent of
such inconsistency.
This ordinance shall take effect immediately upon the approval
and publication of notice of adoption as provided by law.
