[HISTORY: Adopted by the Township Committee of the Township
of Delanco 8-5-2019 by Ord. No. 2019-16. Amendments noted where applicable.]
The use of broad-tipped pens, paint spray cans, pencils, pens,
crayons or other marking devices to write or place graffiti on the
walls or other available spaces on public or private buildings, vehicles,
areas or facilities causes serious defacement of such buildings, vehicles
and areas, public and private, and contributes to the deterioration
of property values, as well as offending the public's right,
public and private, not to have unsightly and unlawful graffiti on,
with defacement of, public and private property, and it constitutes
a deleterious practice contrary to the public health and welfare.
In addition, such contempt for the property rights of private citizens,
as well as public facilities, contributes to the erosion of law and
order and contributes to the deterioration in the quality of life
of the community and must be opposed and punished.
For the purposes of this chapter, the following definitions
shall apply:
Includes any and all unsightly, offensive or defacing writings,
drawings, markings or other written or pictorial matter by any method
or device and of any content which contributes to the defacement of
the real or personal property involved and which contributes to the
ugliness and unsightliness of the object, space, area or community
and which is detrimental to the beauty, neatness and good order of
the area and community.
Any person under the age of 18 years.
Includes associations, clubs, corporations, firms, partnerships
and bodies politic, as well as all individuals.
Any public or private property in the Township of Delanco.
A.
No person shall write, print or place with ink, paint, chalk or other
substances graffiti on the real or personal property of another, whether
said personal or real property be publicly or privately owned.
B.
No person shall carry an aerosol spray paint can, broad-tipped indelible
marker or any other graffiti implement under circumstances which demonstrate
the intent to violate the provisions of this chapter.
C.
It is unlawful for a person to use any object, bicycle or vehicle
to assist a person to commit a violation of this chapter.
This chapter shall not be construed to prohibit easily removable
chalk markings on the public sidewalks and streets used in connection
with traditional children's games.
It shall be unlawful for any parent, legal guardian or other
person having custody and care of any minor child under the age of
18 years to knowingly assist, aid, abet, allow, permit or encourage
said minor to violate the provisions of this chapter, as herein defined,
either by words, overt act or by failing to act.
All persons directly or indirectly involved shall be equally
responsible and guilty, not alone the individual who may personally
deface the object or area; but others in a group who knowingly make
available the tools, writing material, ladders, lookout, materials
or assistance or who knowingly supply funds to acquire such materials
for such purposes shall be equally guilty and liable to punishment
under this chapter.
B.
Any person who violated either § 190-3, 190-4 or 190-5 of this chapter shall also be liable for the cost of cleaning, repairing, painting or otherwise restoring the property which he/she damaged, defaced or vandalized so as to bring the property to the condition it was in prior to the application of the graffiti.
C.
If said violator was under the age of 18 years old at the time of
committing said offense, the Justice shall order the person having
care and custody of said violator at the time of the incident to pay
the prescribed fine and make restitution to said real or personal
property owner.
A.
Property owners shall be liable for removal of graffiti. If the property
owner fails to completely and fully remove the graffiti, the Code
Enforcement Officer shall, upon proper notice, order the property
owner to fully remove or cause to be fully removed any and all such
graffiti within 60 days. If the party or parties who committed or
participated in the act of graffiti is determined, said party or parties
shall immediately reimburse the property owner for the cost of removing
the graffiti. Documentation regarding the removal cost should be retained
by the property owner.
B.
Failure of a property owner to remove graffiti from his property or to comply with a removal order from the Code Enforcement Officer shall result in the imposition of a property maintenance violation fine as provided in Chapter 222. In the event that the Township shall cause to have the graffiti removed because the owner has not complied with an order to do so, the Township may recover the costs of the same from the property owner and may file a lien in accord with the Township's Property Maintenance Code, Chapter 222.
