It has been determined that the use of spray paints and ink
markers and other methods to deface public and private property in
the Borough of Penns Grove has increased significantly in the past
years. Such defacing of property causes a decline in property values
and encourages racism and prejudice which can lead to violent criminal
acts. The existing laws have failed to deter offenses within the Borough
of Penns Grove requiring specific prohibitions of such acts.
As used in this chapter, the following terms shall have the
meanings as indicated:
GRAFFITI
Any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn,
painted or engraved on or otherwise affixed to any surface of public
or private property by any paint, spray paint, markers, chalk, dyes
or any other substance or method which defaces, obliterates, covers,
alters, damages, mars or destroys public or private property. It shall
not include the occasional and temporary marking on public streets
or sidewalks 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 may have
a flat or angled writing surface.
MINOR
Any person under the age of 18 years.
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, including an
aerosol spray paint, as it is commonly known.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A. Written notice. Whenever the Chief of Police and/or his/her designee
determines that there has been a violation of this chapter and that
it is necessary for an owner to remove graffiti from a building, structure
or exposed surface, the owner shall be provided written notice of
the order to remove graffiti. The order shall afford the owner the
opportunity to remove the graffiti within 90 days from the date that
written notice of the order is sent to the owner. The Department of
Transportation, however, shall be afforded 120 days from the date
that written notice of the order is sent to remove graffiti from property
owned by the Department of Transportation. The written notice shall
contain a form to be utilized by the property owner to inform the
Borough that the graffiti has been removed.
B. Method of service. Written notice of the order to remove the graffiti
shall be delivered to the owner by certified and regular mail.
C. An owner who has been ordered to remove graffiti shall respond to
the Borough by personal delivery or by certified mail of:
(1) Any
objection to the order to remove graffiti, within 30 days of the date
of the order; or
(2) 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.
D. If the owner does not receive a written withdrawal of the order within
the date of any objection, the order shall be deemed final. An owner
that objects to an order to remove graffiti may institute an action
challenging the order before a court of competent jurisdiction within
60 days of the date of the order to remove graffiti.
E. If a property owner fails to undertake the removal of graffiti within
90 days of the date of the order to remove graffiti, or, in the case
of the Department of Transportation, within 120 days of the date of
the order to remove graffiti, unless an action challenging the order
to remove graffiti is still pending, the Borough shall have the right
but not the obligation to remove the graffiti from that property and
present the owner with a detailed itemization of the costs incurred
by the Borough, by certified and regular mail, for reimbursement by
the owner. The costs of removing the graffiti shall be assessed against
the property as a municipal lien, and the Borough may enforce the
payment of such assessment, together with interest, as a debt of the
owner of the property and shall have the right to institute an action
at law for the collection of the costs of removal of the graffiti.
The Superior Court shall have jurisdiction over any such action.