As used herein, the following words and phrases shall have the
following meanings:
GRAFFITI
An inscription, drawing, message or slogan made on some public
or private surface without the consent of the owner of the property.
INDELIBLE MARKER
Any felt-tip marker, china marker or similar device containing
non-water-soluble colors and which has a flat or angled writing surface
of one-half (1/2) inch or greater.
[Amended 10-19-1993 by Ord. No. 32-93]
A. Absent express permission to the contrary by the owner or other person
having control thereof, it shall be unlawful for any person to possess
a spray paint container, liquid paint in cans or other containers
or indelible marker in any public building or upon any public facility
or upon any private property with intent to use the same to deface
said building, facility or property. Any person who possesses a spray
paint container, liquid paint in cans or other containers or an indelible
marker in any public building or upon any public facility or private
property with no legitimate or lawful purpose therefor shall be prima
facie presumed to have possession of the same with the intention of
using such container, can, marker or paint to deface said building,
facility or property.
B. It shall be unlawful and a violation of this chapter for any person
to write, print, paint, spray, etch, carve, scratch or otherwise mark
and place graffiti on the real or personal property of another, whether
publicly or privately owned, unless the owner of said property shall
have given prior consent.
[Added 2-6-1996 by Ord.
No. 2-96]
A. Requirement to remove graffiti. The occupant, lessee, sublessee,
agent and/or landlord of any commercial or residential premises located
within the City of Orange Township which has any form of graffiti
on any building, structure or accessory structure or building shall
be required to either restore the defaced surface by removing the
graffiti or repaint the defaced surface using the same color paint
as existed previously on a defaced surface within thirty (30) days
after written notice to the occupant, lessee, sublessee, agent or
landlord by the City of Orange Township Construction Official to remove
the same.
B. Remedy of City of Orange Township. If said graffiti condition is
not cured or corrected within thirty (30) days after written notice
by the City of Orange, then the City of Orange shall have the right
to issue a summons and to enter the premises to remove the graffiti
and/or repaint the premises as set forth above, and the cost of the
removal of the graffiti and/or repainting shall be at the sole cost
and expense of the occupant, lessee, sublessee, 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 the inspection of said
graffiti and/or repainting and other costs incidental to such removal,
shall be certified by the City Business Administrator to the City
Council and thereafter as certified become a lien upon the real property
upon which the graffiti was found to be and shall be added to and
become a part of the taxes next to be assessed and levied on such
real property, and the same shall be collected and enforced in the
same manner as taxes.
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of eighteen (18) years to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this chapter by lack of proper supervision and control over said minor child. The parent or legal guardian penalties shall be set forth in §
112-4.
[Amended 10-19-1993 by Ord. No. 32-93]
Any person violating the provisions of this chapter shall, upon conviction, be punishable as provided in the Chapter
1, Article
III, the general penalty provisions of this Code, except that the minimum fine for a second offense shall be two hundred fifty dollars ($250.) and the minimum fine for a third or greater offense shall be five hundred dollars ($500.). Upon conviction, the Municipal Court Judge may order community service to be performed by the offender in addition to or in lieu of the above fines and/or imprisonment and shall order that restitution be made to the property owner. If the conviction person is a juvenile, the person(s) having responsibility for the care and custody of said juvenile shall make restitution to the owner of the defaced real or personal property pursuant to the terms imposed by the court having jurisdiction over the offense.
All ordinances or parts of ordinances inconsistent with the
provisions of the within chapter are hereby repealed. The aforementioned
whereas clauses are incorporated by reference in this chapter. This chapter shall take effect upon final passage and
publication according to law.