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:
GRAFFITI
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.
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.
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.
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.