[HISTORY: Adopted by the Township Committee of the Township
of Washington 11-5-2013 by Ord.
No. 2013-03. [1]Amendments noted where applicable.]
GENERAL REFERENCES
Prohibited conduct — See Ch. 176.
Curfew — See Ch. 188.
Littering — See Ch. 284.
Parades and similar assemblies — See Ch. 322.
Signs — See Ch. 383.
[1]
Editor's Note: This ordinance was adopted as Ch. 323 but was
renumbered to maintain the alphabetical organization of the Code.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The officer of the Township or the Township Committee's
designee.
Defacing of public or private property by any means, including
painting, drawing, writing, etching, inscription, burning, or carving,
with paint, spray paint, ink, knife, or any other method without written
permission of the owner of the property.
Any person owning, leasing, occupying or having control or
possession of any property in the Township.
Any person who is specified as the owner of the property
by the records of the Township Assessor's office.
Any person violating any provision of this chapter shall be
guilty of a misdemeanor and, upon conviction, shall be punished by
a fine not to exceed $2,000, or by imprisonment not to exceed 90 days,
or both, or any different amounts adopted by statute. Enforcement
of this chapter may also be pursued through the Township Administrative
Municipal Court for adult offenders.
The intent of this chapter is to help prevent the spread of
graffiti vandalism and to establish a program for the removal of graffiti
from public and private property. Graffiti is a public nuisance and
is destructive to the rights and values of property owners as well
as the entire community.
A.
All property which is defaced by graffiti is hereby declared to be
a public nuisance and, in the interest of public health, safety, morals,
and general welfare, shall be abated as set forth by ordinance or
state law.
B.
Whenever any graffiti is found on a property, the Township Code Enforcement
Officer may cause a written order to be sent to the owner of the property
upon which the graffiti exists. The written order shall direct the
owner to:
(1)
Remove the graffiti within 10 calendar days or such longer periods
as determined for good cause by the Township Committee at the owner's
expense or, when known, the offender's expense; or
(2)
Provide written consent and agreement for the Township to enter upon
the property to remove the graffiti within 10 calendar days or such
longer period as determined for good cause by the Township Committee
at the expense of the owner or, when known, the offender's expense.
C.
The owner and/or offender shall be advised, in the written order,
of his right to a hearing before the Township Administrative Municipal
Court hearing officer. If a hearing is requested and the hearing officer
determines that the graffiti must be removed by the owner and the
owner fails to comply with the order of the hearing officer, the Township
may cause the graffiti to be removed or corrected at the expense of
the owner or known offenders in addition to an administrative fine
set forth by the Township Administrative Municipal Court fine schedule.
Collection of the expenses associated with the removal of the graffiti
when on public roadways and property due to parades and similar assemblies
shall be removed by the Township and charged against the applicant's
escrow established and collection of the expenses associated with
the removal of graffiti on private property and the administrative
fine shall be according to the provisions of the Township Administrative
Municipal Court procedures.
D.
If the owner fails to remove the graffiti or request a hearing before
the Township Administrative Municipal Court within 10 calendar days,
or such longer period as determined for good cause by the Township
Code Enforcement Officer after written notice is given, the Township
will remove the graffiti at the expense of the owner, in addition
to an administrative fee determined by the Township.
A.
It shall be unlawful for any person to deface public or private property
through the use of graffiti.
B.
It shall be unlawful for any person to possess, while on public or private property without the consent of the owner of such property, any paint, spray paint, broad-tipped marker, etching equipment, or other substance or article adapted, designed, or commonly used for committing or facilitating the commission of the offense of graffiti with the intent to use the substance or article, or with the knowledge that some person intends to use the substance or article, in the commission of such offense set forth in Subsection A of this section.
C.
It shall be unlawful for any person or entity owning property, acting
as manager or agent for the owner of the property, or in possession
or control of property to permit graffiti to remain on such property.