Graffiti on buildings and tangible personal property has resulted
in damage and defacing of public and private property and has contributed
to the degradation and blight of neighborhoods and private and public
places and facilities. The easy application and accessibility of spray
paint and indelible markers has facilitated their misuse and hinders
enforcement agencies in prevention and apprehension.
As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
Any letters, numbers, word or words, writing, inscription,
symbol, drawing, carving, etching or other marking of any nature whatsoever
which defaces, obliterates, covers, alters, damages, mars or destroys
the real or personal property of another. It shall not include the
occasional marking of the public sidewalks or streets with chalk for
traditional children's games.
INDELIBLE MARKER
Any felt-tip marker, china marker or similar device or implement
that contains a fluid which is not water soluble and which has a flat
or angled writing surface 1/2 inch or greater.
MINOR
A person under 18 years of age.
SPRAY PAINT CONTAINER
Any container or other device which contains paint or other
pigmented substance, which is intended to expel the paint or pigment
without the aid of additional devices or substances, and includes
an aerosol spray paint can as it is commonly known.
Unless jurisdiction for an offense hereunder shall be vested in the Superior Court of New Jersey, Chancery Division, Family Part, pursuant to N.J.S.A. 2A:4A-20, New Jersey Code of Juvenile Justice, any person who violates the provisions of this chapter shall, upon conviction, be subject to a penalty as provided in Chapter
1, General Provisions, Article
II, and, as an additional condition of sentencing, a requirement to restore the property which is the subject of the graffiti or make monetary restitution, in the court's discretion. A separate offense shall be deemed committed on each day on which a violation occurs.