[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-19-2007 by Ord. No. 2281-07 (Ch. 83, Art. II, of the 1975
Borough Code)]
The Borough Council of the Borough of Roselle, New Jersey, hereby
finds and declares that graffiti is detrimental to the health, safety
and welfare of the community and that there is a perception in the
community that the laws protecting public and private property can
be disregarded with impunity. This perception fosters a sense of disrespect
of the law that results in an increase of crime, is detrimental to
the property values of the community, degrades the community and leads
to urban blight and is inconsistent with the Borough of Roselle's
property maintenance goals and aesthetic standards.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Roselle, New Jersey.
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature, without the express consent of the owner.
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
including, by way of example only and without limitation, fencing
surrounding construction sites, whether public or private, without
the consent of the owner of the property, or the owner's authorized
agent, which is visible from the private right-of-way.
Any felt-tip marker, china marker or similar device that
is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the marking of graffiti. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental respectability through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conducts of a minor in his or her custody, when
he or she has knowledge of an individual's actions that are not
in compliance with this article.
Used interchangeably and shall mean any person under the
age of 17, any person less than 17 years of age or any person who
has not celebrated his or her 17th birthday.
The owner of record of the property as set forth in the records
of the Tax Assessor for the Borough of Roselle.
Any person to whom legal custody of a juvenile has been given
by court order or is acting in the place of the parent or is responsible
for the care and welfare of the juvenile and shall include:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
The following acts are prohibited:
A.Â
No person shall willfully or maliciously damage, deface or vandalize
any public or private property by painting, writing, drawing or otherwise
inscribing in any fashion graffiti thereon without the express permission
or consent of the owner. However, this prohibition shall not apply
to easily removable (which are water soluble) chalk markings on public
sidewalks or streets, written or drawn in connection with traditional
children's games, or in any lawful business or public purpose
or activity.
B.Â
It shall be unlawful to aid anyone in defacing public or private
property.
C.Â
No person shall possess a spray container or indelible marker in
any public place or on any public facility or private property with
the intent to use the same to deface said public building, property
or private property, absent express permission to the contrary.
It should be unlawful for a parent, as defined in § 245-2 of this article, having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in his or her control to place graffiti on any private or public property, as defined in § 245-2 of this article.
A.Â
Any minor under the age of 17 years found by a police officer to be in violation of this article shall be brought to the Borough Police Headquarters or to his home, where the minor shall be released to his or her parent or guardian or a responsible adult. The parent, as defined in § 245-2, shall be immediately notified and required to report to police headquarters to procure the juvenile.
B.Â
When a parent immediately called has come to take charge of the juvenile
and the appropriate information has been recorded, the juvenile shall
be released to the custody of such parent. If a parent cannot be located
or fails to take charge of the juvenile, then the juvenile shall be
released to the juvenile authorities, except to the extent that, in
accordance with police regulations promulgated by the Chief of Police,
approved in advance for juvenile authorities, the juvenile may temporarily
be entrusted to an adult, relative, neighbor or other person who will,
on behalf of the parent, assume responsibility for caring for the
juvenile pending availability of the parent or guardian.
C.Â
In the case of a first violation by the juvenile, the juvenile and
parent shall receive, both in person and by certified mail, a written
warning notice from the officer in charge of the police station indicating
the circumstances under which the minor was found to be in violation
of this article.
D.Â
If the minor has been convicted of violating this article on a prior
occasion within six months of the date of the present violation, there
shall be a presumption that, whenever a minor has been convicted for
a violation of this article, the parent or guardian having care of
the minor knew or should have known of the minor's violation
of this section.
A.Â
Adults who are not parents of offenders as defined in § 245-2 of this article. Any adult who violates any of the provisions of this article shall, upon conviction thereof, be punished by one or more of the following penalties:
B.Â
Juveniles and/or parent violators as defined in § 245-4 of this article.
(1)Â
After the receipt of a warning notice pursuant to § 245-5C of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this article shall be required to perform community service of a period not to exceed 90 days and may be subject to a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this graffiti article, they shall be required to perform community service together.
(2)Â
If a minor has been found to violate this article twice within a
six-month period, the minor shall receive a summons and complaint
from the police officer who apprehended the minor for the violation
of this article.
(3)Â
If a juvenile is found to be in violation of this article on three
occasions within six months, then the juvenile as well as the parent
having the care and custody of the minor shall receive a summons and
complaint for the violation of this article.
(4)Â
Any juvenile who violates any of the provisions of this graffiti article as contained in § 245-3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, Borough Attorney or Prosecutor or their designee may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.
All fines collected shall be placed in a special account to
be used as assistance to homeowners for removing graffiti not to exceed
70% of the total cost. (It is presumed that 30% of the fees collected
are needed to defray court costs.) This account will also be used
to purchase graffiti-cleaning equipment.
A.Â
Requirement to remove graffiti. The occupant, lessee, agent and/or
landlord of any commercial premises which has any form of graffiti
on any building or structure shall be required to either restore the
defaced surface by removing the graffiti or repaint the defaced surface
within 10 business days after notice to the occupant, lessee, agent
and/or landlord by the Chief of Police (or his designee) to remove
the same.
B.Â
Remedy. If said graffiti is not corrected within 30 business days
after written notice is issued, then the Borough of Roselle shall
have the right to issue a summons and to enter the premises to remove
the graffiti and/or repaint the premises, and the cost of the removal
of the graffiti and/or repainting shall be at the sole cost and expense
of the occupant, lessee, agent and/or landlord of said building or
structure. The actual cost of the removal of the graffiti and/or repainting,
plus the cost of inspection of said graffiti and/or repainting and
other costs incidental to such removal, shall be certified by the
Chief Financial Officer to the Borough Council and therefore shall
be entered as a lien upon the real property upon which the graffiti
was found to be placed and shall be added to and become a part of
the taxes to be assessed against and levied on the real property,
and the same shall be collected and reinforced in the same manner
as taxes.
C.Â
Penalties. Any owner who violates any of the provisions of this section
shall, upon conviction thereof, be punished by one or more of the
following penalties:
[Added 9-16-2009 by Ord.
No. 2344-09]
A reward of $250 shall be paid to any person who provides information
or assistance leading to the apprehension and conviction of any person
violating this article. This reward shall be payable after conviction
out of a fund established for this purpose, but no reward shall be
paid to any public employee whose duty it is to investigate or enforce
this article. This Chief of Police is hereby authorized to grant such
reward with the consent of the Borough Council, and said reward shall
only be given upon notification by the Municipal Court that the matter
has been adjudicated.
[Adopted 12-16-2009 by Ord. No. 2345-09]
Graffiti on public and private buildings, and other exposed
surfaces, including vehicles, has and continues to pose an increasing
problem for municipalities throughout the State of New Jersey, including
the Borough of Roselle, and the Borough is desirous of taking all
necessary action in addition to existing state statutes to insure
that public and private property is protected against graffiti and
that violations will result in appropriate compensation.
Pursuant to N.J.S.A. 40:48-2.59, any "graffiti" (which is defined
as any drawing, painting or making of any mark or inscription on public
or private real or personal property without the prior written permission
of the owner of the property) on any private building structure, or
personal property, including vehicles, shall be removed by the owner
or individual having custody and control thereof as promptly as possible.
The Borough of Roselle, through the appropriate Borough Departments,
may issue an order to the owner of the property directing that said
graffiti be removed within 90 days from the date the notice is sent,
and requires the owner to certify the same has been done. Said notice
to remove graffiti has been removed and shall further contain a provision
stating that by affixing a signature to the form, indicating that
the graffiti has been removed, the owner is certifying that the facts
set forth therein are true and that the certification shall be considered
as if made under oath and subject to the same penalties as provided
by law for perjury.
An owner who objects to an order to remove graffiti pursuant
to this section may institute an action challenging the order in a
court of competent jurisdiction within 60 days of the date of the
order.
If a property owner does not undertake removal of graffiti within
the time prescribed by the order, and, unless an action challenging
the order to remove graffiti is instituted, the Borough of Roselle
may cause the graffiti to be removed and present the property owner
with a detailed itemization of the costs thereof via certified and
regular mail and demand reimbursement. If the property owner does
not remit such reimbursements to the Borough of Roselle within the
time prescribed in the notice, the Borough of Roselle may cause said
costs to be asserted as a municipal lien against the premises. In
addition to the imposition of said lien, the Borough of Roselle may
institute an action at law to collect said amounts.
Pursuant to the N.J.S.A. 2A:153-4.1, the Borough of Roselle
hereby offers a reward of $500 for the detection and apprehension
of any person found guilty of purposely or knowingly damaging the
tangible property of another by an act of graffiti in violation of
N.J.S.A. 2C:17-3. Said reward is to be payable after conviction to
any person who the Borough Council, acting upon the recommendation
of the Chief of Police, may deem entitled thereto, but no reward shall
be paid to any public employee whose duty it is to investigate or
to enforce the law or the employee's spouse, child or parent
living in the same household. For the purposes of this provision,
"act of graffiti" means the drawing, painting, or the making of any
mark or inscription on private property without the permission of
the owner.
Possession of spray paint container and/or ink markers having
a writing tip of 1/2 inch or greater within public buildings is unlawful.
Possession with intent to deface property is unlawful.
A.Â
It is unlawful for any person to possess a spray paint container
or any marker containing a fluid which is not water soluble and has
a paint brush, applicator or other writing tip of 1/2 inch in length
or width or greater, on the property of another or in any public building
or upon any public facility. It shall be a defense to an action for
violation of this subsection that the owner, manager, or other person
having control of the property, building or facility consented to
the presence and use of the paint or marker.
B.Â
It is unlawful for any person to possess spray paint or any marker
containing fluid which is not water soluble and has a paint brush,
applicator or other writing tip of 1/2 inch in length or width or
greater on the public way with intent to use the same to deface any
building, structure or property. This prohibition shall not apply
to any employee of a public utility or the municipal, state or federal
government using spray paint or any marker within the scope of his
or her prescribed duties.
A.Â
No person, except a wholesale dealer, may sell, offer to sell or
possess with intent to sell any spray paint or hobby kit or any similar
kind of kit containing spray paint without first obtaining a license
from the office of the Borough Clerk. "Wholesale dealers" mean any
manufacturer and any person who sells spray paint to persons who are
reasonably understood not to be the ultimate consumer. Applications
for licenses to sell spray paint shall be made in the form prescribed
by the Borough Clerk and accompanied by a fee of $25 payable to the
Borough.
B.Â
Licenses shall be valid for a period of one year from the date issued.
C.Â
The license or certified copy of the license shall be displayed at
all times in a conspicuous place within the business premises where
it can be easily read.
D.Â
A license may be suspended or revoked, after notice and an opportunity
to be heard, if the licensee is convicted of a violation of this section
or if the Borough Clerk finds that the licensee has violated any provision
of this section.
A.Â
Every person who engages in the business of selling spray paint or
markers regulated by this section shall post in clear public view
or as near the display of such products using bold lettering at least
one inch in height a placard stating as follows:
|
ANY PERSON DEFACING REAL PROPERTY NOT HIS OR HER OWN WITH PAINT
OR ANY OTHER LIQUID IS SUBJECT TO A FINE OF $1,000 OR IMPRISONMENT
FOR UP TO 90 DAYS
|
B.Â
Every person who engages in the business of selling spray paint or
markers regulated by this section shall also post in the direct view
of such persons responsible for accepting customer payment for such
spray paint container or markers, using bold lettering at least one
inch in height a placard stating as follows:
|
IT IS UNLAWFUL TO SELL OR OTHERWISE CONVEY SPRAY PAINT OR WIDE-TIPPED
MARKERS TO PERSONS UNDER 18 YEARS OF AGE IN THE BOROUGH OF ROSELLE.
VIOLATORS SHALL BE SUBJECT TO A FINE OF UP TO $1,000 OR IMPRISONMENT
FOR UP TO 90 DAYS
|
No person shall aid, assist or abet a person under the age of
18 in obtaining possession of paint in a spray can or any marker or
writing instrument containing a fluid which is not water soluble and
has a paint brush, applicator or other writing tip of 1/2 inch or
greater. This prohibition shall not apply to:
A.Â
A parent or legal guardian assisting and supervising his or her own
child or ward in use of paint or a marker.
B.Â
A teacher assisting and supervising his or her student in the use
of paint or a marker.
C.Â
An employer assisting and supervising his or her employee in the
use of paint or a marker.
